Rectification of common mistake: Welcome pragmatism

Dentons | Property Law Journal | October 2019 #375
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 …

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Mistake: Oops!… We did it again

gunnercooke | The Commercial Litigation Journal | January/February 2019 #83
Sapna Garg explores the courts’ approach to rectifying parties’ mistakes when agreeing contract terms ‘It is by no means guaranteed that the court will rectify a contract unless there is compelling evidence of a mistake.’ It is a fact of life that mistakes happen when entering commercial agreements. Time is usually tight. Parties want to …

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