What is the test for determining that a contract does not correctly express the intention of the parties?
Saskatchewan, Canada
The following excerpt is from United Grain Growers Limited v. Agri-Builders (Regina) Ltd., 1984 CanLII 2660 (SK CA):
The trial judge was not satisfied beyond a fair and reasonable doubt that the contract did not correctly express the intention of the parties. There was ample evidence from which he could have arrived at that conclusion and in my opinion, he properly applied the principles enunciated in Bercovici v. Palmer (supra) in concluding that there was no mutual mistake and no exceptional circumstances which would permit rectification.
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