Rectification—mutual mistake


Published by a ½Û×ÓÊÓƵ Property Disputes expert
Practice notes

Rectification—mutual mistake


Published by a ½Û×ÓÊÓƵ Property Disputes expert

Practice notes
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Rectification is an equitable Remedy by which the court can correct an error of expression where a written document does not match the parties' intention. It is available only in relation to written contracts and other documents. An oral agreement cannot be rectified. This Practice Note explains the principles applicable in considering whether an error can be corrected by interpretation rather than rectification and the elements of a claim for rectification for mutual or common Mistake. For more information in respect of a mistake made by one party, see Practice Note: Rectification—unilateral mistake.

Interpretation or rectification?

The starting point in considering a claim for the correction of an error is to ask whether the error can be solved by means of interpretation rather than rectification. At common law, rectification is not available and so the only way in which an error of expression can be corrected at common law is by applying the ordinary rules of interpretation. As a matter of principle, the equitable remedy of rectification ought not to be granted unless there is no suitable alternative remedy

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Jurisdiction(s):
United Kingdom
Key definition:
Rectification definition
What does Rectification mean?

Alteration of the Register of Title which involves the correction of a mistake and which prejudicially affects the title of a registered proprietor.

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