正在編輯用戶:Hinnia/Mistake （章節）

=== Rectification (A Key Equitable Remedy) ===

* Corrects a written document that, due to a mistake, does not reflect the true agreement of the parties.
* Common Mistake Rectification: To reflect what both parties actually agreed.
** FSHC Group Holdings Ltd v Glas Trust Corporation Ltd [2019] EWCA Civ 1361 (Subjective Test)
*** Court looks at what the parties actually intended, not what a reasonable observer would think.
*** Party seeking rectification must prove, on convincing evidence, that:
**** Parties had a common continuing intention (subjective actual intention) up to the time of the contract.
**** Outward expression of accord (they communicated this intention to each other).
**** By mistake, the written contract does not reflect that common intention.
** F.E. Rose (London) Ltd v William Pim Jnr & Co. [1953] 2 Q.B. 450
*** Rectification refused.
*** Parties agreed to buy "feveroles".
**** Both mistakenly thought this meant horsebeans.
*** Document correctly recorded "feveroles".
**** No mistake in recording their agreement, only in its commercial effect.
* Unilateral Mistake Rectification:
** To reflect what one party understood
*** Where the other party knew of the mistake and it would be unconscionable to rely on the document.
** Unilateral Rectification & Unconscionability:
** If one party (A) knows the other (B) is mistaken about a term
*** (A) fails to draw attention to it
*** May be unconscionable for A to rely on the document.
*** Rectification may be granted to reflect B's understanding (Commissioner for the New Towns v Cooper).

* Tyne and Wear Passenger Transport Executive v NURMTW [2024] UKSC 37
** Clarifying Ambiguity: The word "agreement" is ambiguous. It can mean:
*** The transaction itself (the exchange of promises), or
*** The document that records that transaction.
*** Rectification corrects the second where it mistakenly records the first.
** Jurisdiction is General
*** Power to rectify is not limited to specific types of documents (like contracts).
**** Applies to any document intended to record a transaction [28].
** Rectification as a "Safety-Valve" Against Objective Interpretation
*** English law uses an objective approach to interpretation
**** (what a reasonable person would understand).
*** Can give a document a meaning different from what the parties subjectively intended and understood.
** Remedy: Rectification acts as a "safety-valve"
* Prevent injustice where one party could take advantage of objective interpretation that contradicts what both parties intended