Dictionary

  • Rectification (in the context of equity)

    An equitable remedy enabling a legal instrument to be corrected when it was executed by the parties in the mistaken belief that it accurately reflected their common intention.

    Rectification of a contract may be granted by a court if the evidence clearly establishes what the parties’ common intention was, that it existed at the time the document was executed, that the document was not in conformity with it and that the disconformity occurred by mistake.

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