Principle

EQUITY AND TRUSTS — Rectification — Conditions Precedent — Need for Clear Antecedent Agreement Continuing Unchanged

Area of law
EQUITY AND TRUSTS
Court
Supreme Court

Rectification requires a prior, clear, and unequivocal agreement that continued unchanged until the execution of the final document. The party seeking rectification must prove that the final document does not reflect the common intention. The standard of proof is convincing evidence. The remedy is not…

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