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Rectification (pre-requisite (Standard of proof (Joscelyne v Nissan …
Rectification
pre-requisite
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Monaghan v Vaughan tender for demolition and removal of material, clear intention of both parties that the defendant would pay for the right to carry out the work (not be paid) - mutual mistake - parties agreed on matters which were not reflected in the written contract - rectification granted
Crane v Heggeman-Harrisnot necessary to find concluded and binding contract between parties - common intention enough
Joscelyne v Nissen correct position in Cranesubject to condition that there be outward expression of accord on that issue - other aspects could have no agreement - rectification granted
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Irish Life Assurance convincing proof reflected in outward expression of accord, contract in writing did not represent common continuing expression
plaintiff owned large portfolio, contract drawn up, plaintiffs intention to exclude lands communicated to agent of defendant, no common intention (Lands included by mistake) - unilateral mistake - only Irish Life had made mistake - granted specific performance
Ferguson v Merchant bargain to imprecise, neither side knew land was valuable until after
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Unilateral Mistake
Riverlate only one party makes the mistake, if one party took advantage of it (fraudulent to equity) good ground for rectification (sharp practice)
Irish Life Assurance courts only rectify agreement when mutual mistake (unless one part concluded agreement with knowledge the other party made a mistake - sharp practice)
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Roberts v Leicester agreement building finished in 18 months, fixed fee, altered to 30 months, didn't tell plaintiffs - rectification granted - 1 party knew - stood idly by
Bates v Lyndon clause meant to have been included, defendant aware of plaintiffs mistake, did not draw attention to it,
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Slattery joint venture to buy hotel in DC, loan from bank and two companies he owned, personal guarantee, bank wanted additional security (two companies), in change he stopped personal liability, pulled a fast one - went beyond fair dealing even if conducted at arms length - sharp practice
Common mistake
Craddock Brothers v Hunt agreed to sell and buy house (formal contract), included yard, already sold, right party didn't get property they had paid for - rectification granted
Weeds v Blaney vendor understood would only be buying part, draft contract contained mistake (solicitor didn't notice) - common mistake - rectified
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Irish Pensions Trust common intention, forgot to include inflation, rectification possible when words chosen carefully (pamphlets evidence of continuing common intention)
Leopardstown wanted to rectify lease, two words apparently just appeared 'and parking', in final agreement, 5 acres of parking for when lease and license ran out, one argued common mistake the other unilateral (took advantage) - rectification granted
complete agreement not necessary, outward expression only to that point required
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UK approach
Chartbrook v Persimmons mistake need, what would objective observers of thought
land sold, two figures for the price, meant to be greater one, Lord Hoffman obiter what would objective observer of thought the intentions were
Daventry District agreement reached but landlord never consulted, two interpretations, rectification granted (both parties made mistakes on objective grounds)
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Burden of Proof
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Bates civil standard of proof, balance of probability, but if going against written contract better be convincing proof
Irish life assurance convincing evidence, party seeking rectification must set out case in clear and strong terms
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