Terence Etherton, ‘Contract Formation and the Fog of Rectification’

Rectification of contracts is not, on the face of it, a likely hot topic for legal interest. The speech of Lord Hoffmann in the House of Lords in Chartbook Ltd v Persimmon Homes Ltd and the judgments of the Court of Appeal in Daventry District Council v Daventry & District Housing Ltd and the views on them expressed in articles by (among others) Professor David McLauchlan and Professor Paul Davies, as well as in speeches by Lord Toulson and Sir Nicholas Patten, have now highlighted this area of jurisprudence as one worthy of close and immediate consideration. It is marred by uncertainty and complexity and needs the attention of the Supreme Court …

Terence Etherton, Contract Formation And The Fog Of Rectification, 23 April 2015.

First posted 2015-05-01 06:00:12

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