MISTAKES IN THE EXECUTION OF DOCUMENTS: RECENT CASES ON RECTIFICATION AND RELATED DOCTRINES

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Abstract:

The paper examines a number of recent cases on rectification, paying particular attention to the relationship between this remedy and other legal doctrines which have a bearing on mistake cases. After highlighting the differences between rectification in the context of transactions for value and gratuitous transactions, the paper explores the extent to which rectification has been rendered superfluous by the adoption of more flexible rules of construction. It then addresses the connection between rectification of a document recording a transaction and rescission of the whole transaction, and finally turns to consider the relationship between rectification and the rule in Re Hastings-Bass.

Keywords: Construction/Interpretation; Mistake; Re Hastings-Bass; Rectification; Rescission

Document Type: Research Article

Publication date: January 1, 2008

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  • Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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