Asked by Aqualaquisha Lebron on Jun 24, 2024
Verified
Which of the following situations gives rise to the application of the equitable remedy of rectification?
A) Both parties to a contract agree that they want to change some of its terms and thus apply jointly to the court to have the relevant terms altered.
B) The two parties to a contract have made a mutual mistake and one of these parties is asking the court to choose the more reasonable meaning of the terms in question.
C) The defendant has a justifiable defence of non est factum.
D) A written instrument, because of an obvious mistake, does not embody the unchanged terms of an original oral agreement.
E) The contract is one requiring "utmost good faith."
Rectification
The process of correcting a mistake in a legal document to reflect the true intent of the parties involved.
Mutual Mistake
A situation where all parties involved in a contract have a shared and incorrect belief about a fundamental fact affecting the agreement.
Unchanged Terms
Conditions or agreements that remain the same and are not altered over time or through negotiations.
- Understand the role and effect of the equitable adjustment termed rectification.
Verified Answer
Learning Objectives
- Understand the role and effect of the equitable adjustment termed rectification.
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