Joscelyne v Nissen
1970 · [1970] 2 QB 86
Posted By lanbuk.com
- Facts
- A father and daughter agreed she would pay certain household expenses in return for his business. The written contract left that out.
- Issue
- Can a document be rectified where there was no concluded contract before it?
- Held
- Yes. The Court of Appeal held that a continuing common intention, outwardly expressed, is enough.
- Principle
- requires convincing proof of a continuing common intention that the document fails to record.
- Why it matters
- It sets the conditions for rectification for common mistake.
Words and Latin in this note
- Rectification
- An equitable remedy that corrects a written document so that it records what the parties actually agreed. Open the note.
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