The 'Drastic' Remedy of Rectification for Unilateral Mistake
Victoria University of Wellington - Faculty of Law
December 21, 2011
Law Quarterly Review, Vol. 124, pp. 608-640, 2008
Victoria University of Wellington Legal Research Paper No. 4/2012
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.
Number of Pages in PDF File: 35
Keywords: Contract, Unilateral Mistake, Rectification
JEL Classification: K12Accepted Paper Series
Date posted: December 24, 2011 ; Last revised: January 16, 2012
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