Rectification—unilateral mistake


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Property Disputes expert
Practice notes

Rectification—unilateral mistake


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Property Disputes expert

Practice notes
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rectification is an equitable remedy by which the court can correct an error of expression where a written document does not match the parties' intention. It is only available for written contracts and other documents (not oral agreements). This Practice Note explains when a solicitor is under a duty to point out unilateral drafting errors and when a unilateral mistake is simply an error of judgment.

For rectification for common mistake, see Practice Note: Rectification—mutual mistake.

When is rectification available?

Rectification for unilateral mistake is available where one party makes a mistake in a document, the other party is aware of the error in their favour, and unconscionably takes advantage of it. Three elements must be present:

  1. •

    by the claimant’s mistake the agreement did not give effect to their subjective intention at the time of execution

  2. •

    there was no mistake by the defendant

  3. •

    the defendant was aware of the claimant’s mistake at the time of execution, and there was unconscionable behaviour by inducing execution or by standing by and allowing it

In Littman v Aspen Oil

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Jurisdiction(s):
United Kingdom
Key definition:
Rectification definition
What does Rectification mean?

Alteration of the Register of Title which involves the correction of a mistake and which prejudicially affects the title of a registered proprietor.

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