Rectifying An Agreement

When a contract does not state what the parties intended to agree it may need to be rectified by the Court. In many instances this applies to contracts for the sale of land (or perhaps a lease agreement). 

The party who wants the document rectified usually needs to show a number of matters including that they parties misunderstood the effect of the document along with some other requirements. Where only one party is labouring under an error the requirements are akin to what is required to prove equitable mistake. 

This is not an easy task and the evidence will need to address matters covering the pre-contractual negotiations that the parties engaged in. 

For more information on how to fix an agreement so that it accords with the intentions of the parties contact us for a conference. 

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