Abstract:
This article addresses current controversy both in case law and in scholarly writings about the proper test and rationale for rectification of contracts. It examines the availability of rectification for common and unilateral mistake in light of the principles most recently set out by Lord Hoffmann in Chartbook Ltd v Persimmon Homes Ltd and by the members of the Court of Appeal in Daventry District Council v Daventry & District Housing Ltd. It looks at the current state of the law on rectification and the underlying policy issues about objective conduct and subjective intention and proposes an approach that would bring the test for rectification for both common and unilateral mistake in line with the rules on contract formation and interpretation.
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Terence Etherton, Contract Formation and the Fog of Rectification. Current Legal Problems (2015) doi: 10.1093/clp/cuv007. First published online: July 8, 2015.
First posted 2015-08-08 07:19:51
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