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Rectification of common mistake: Welcome pragmatism
The Court of Appeal has reversed a controversial line of case law on the rectification of contracts where both parties are mistaken about a contract’s legal effect, as Oliver Saunders finds out ‘The Court of Appeal conducted a review of the historic case law on rectification beginning with the traditional equitable jurisdiction to correct mistakes …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Ahmad v Secret Garden (Cheshire) Ltd [2013] EWCA Civ 1005
- Chartbrook Ltd v Persimmon Homes Ltd & ors [2009] UKHL 38
- Daventry District Council v Daventry & District Housing Ltd [2011] EWCA Civ 1153
- FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd [2019] EWCA Civ 1361
- Joscelyne v Nissen [1970] 2 QB 86