Rectification

Question 1

What is rectification

Answer 1

Rectification is an equitable remedy that fixes a contract that, by accident, does not reflect the parties’ intention
Must be a mistake or else it is very similar to interpretation

Question 2

Requirements of rectification (Robb v James)

Answer 2

1. Parties had a common actual intention about a particular point
2. that intention continued up until the point of execution
3. The intention must be objectively apparent (formal communication not necessary)
   
   • Clear from parties outwards actions (words and deed). Parties do not have to identify express agreement
4. The contract does not reflect the shared intention but would do so in the manner requested; and
5. A consideration of equitable factors does not preclude rectification
   
   • Equity will not rectify a contract if it prejudices a third party - e.g. bona fide purchaser for value without notice
     No precise rule for how third party equitable factors will be considered

Question 3

Robb v James

Answer 3

(sale of property from R to J with a common intention J would get whole property. Land was actually in two titles and R’s son bought it)
Rectification is available as both parties intended that J would buy entire property