Which of the following constitute essential criteria for the successful establishment of a rectification claim on the basis of common mistake? Please select all that apply.
A) The existence of a prior agreement between the parties
B) A continuing common intention up until the time the written contract was signed
C) Failure of the written contract to reflect what the parties agreed
D) Rectification would enable the written instrument to carry out the agreement which both parties intended

Question

Quizplus · Accepted Answer

All these criteria are essential for establishing a rectification claim based on common mistake: a prior agreement, a continuing common intention, the written contract not reflecting the agreement, and rectification enabling the contract to reflect the intended agreement.

Which of the Following Constitute Essential Criteria for the Successful