What is the test for rectifying a contract?
British Columbia, Canada
The following excerpt is from 0815639 B.C. Ltd. v. Radford, 2015 BCSC 1948 (CanLII):
In Fridman, The Law of Contract, 6th ed. (2011), at pp. 773-774 the author states: … … The essence of rectification is to bring the document which was expressed or intended to be in pursuance of a prior agreement into harmony with that prior agreement. It deals with the situation where, contracting parties have reduced into writing the agreement reached by their negotiations, some mistake was made in the wording of the final, written contract, altering the effect, in whole or in part, of the contract. What the court does is to alter the document, in accordance with the evidence, and then enforce the document as changed. … … (Adopted in Kootenay Savings Credit Union v. Toudy 1987 CarswellBC 262 (BCSC).)
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