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."

Question

Quizplus · Accepted Answer

Rectification is an equitable remedy designed to correct a written document that, due to a mistake, does not accurately reflect the true agreement or intention of the parties involved. Option D describes a situation where there is an obvious mistake in a written instrument that fails to reflect the terms of an original oral agreement, which is a classic scenario for the application of rectification.

Which of the Following Situations Gives Rise to the Application