The ‘drastic’ remedy of rectification for unilateral mistake

McLauchlan, David (2008) The ‘drastic’ remedy of rectification for unilateral mistake. Law Quarterly Review, 124 608-640.

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Name Description MIMEType Size Downloads
Author McLauchlan, David
Title The ‘drastic’ remedy of rectification for unilateral mistake
Journal name Law Quarterly Review   Check publisher's open access policy
ISSN 0023-933X
Publication date 2008
Sub-type Article (original research)
Open Access Status
Volume 124
Start page 608
End page 640
Total pages 33
Place of publication London, United Kingdom
Publisher Sweet & Maxwell
Language eng
Abstract This article argues that the object of rectification for unilateral mistake ought to be essentially no different than rectification for common mistake - namely, to ensure that the written contract reflects the true bargain between the parties as determined by ordinary principles of contract formation. Proof dishonesty or unconscionable behaviour prior to entry into the contract should not be the basis of the claim. A party who is mistaken as to the terms expressed in a written contract ought to be granted rectification whenever he or she has been led reasonably to believe that the document does in fact contain the terms intended, regardless of whether the other party shares the mistake, knows of it, or behaved badly in some way.
Keyword Contract
Unilateral mistake
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status Non-UQ
Additional Notes Legal Research paper no. 4

Document type: Journal Article
Sub-type: Article (original research)
Collection: TC Beirne School of Law Publications
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Created: Fri, 23 Mar 2012, 11:57:55 EST by Carmen Buttery on behalf of T.C. Beirne School of Law