Principle 9: Rectification

Clicks: 2
ID: 313353
2026
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Abstract
Abstract This chapter considers the circumstances in which a court can change the meaning of the words which the parties have used in their contract. If a written contract does not record the parties’ intention at the time it was entered into, because of a mistake, the contract may be amended to reflect that intention. The principles concerning rectification are controversial, with different judges expressing different views about the importance of objective or subjective common intention. This chapter discusses the different possible approaches to rectification and the current state of the law.
Reference Key
openalex_W7161396301 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Richard Calnan, Paul S. Davies
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/law/9780198897163.003.0010
URL
Keywords Keywords not found

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