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Write the wrongs

By: Series: Estates Gazette ; (0242) 19 October 2002, 152-153(2)Publication details: 2002Subject(s): Summary: "Mainly for students" article which looks at the issue of why the courts have been reluctant to apply the remedy of rectification to contracts, when this has been freely used for legal documents. Uses a selection of cases to examine why public policy requires certainty in the enforcement of contracts, yet the courts are reluctant to allow a party of full capacity who has signed a document, with the opportunity of inspection, to say that it was not what he meant.afterwards. As the purpose of rectification is to make the written record the true agreement of the parties, discretionary rectification may be the answer to this issue.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS66244 (Browse shelf(Opens below)) 1 Available 120870-1001

"Mainly for students" article which looks at the issue of why the courts have been reluctant to apply the remedy of rectification to contracts, when this has been freely used for legal documents. Uses a selection of cases to examine why public policy requires certainty in the enforcement of contracts, yet the courts are reluctant to allow a party of full capacity who has signed a document, with the opportunity of inspection, to say that it was not what he meant.afterwards. As the purpose of rectification is to make the written record the true agreement of the parties, discretionary rectification may be the answer to this issue.