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Rewrite a mistake |
July 14, 2005
Previously published on September 2004
The courts have the power to order rectification of written agreements which do not record the
true bargain struck between the parties. There are two types of rectification: common mistake,
where both parties erroneously believe that the agreement correctly reflects their common accord
and unilateral mistake, where one party makes a mistake which the other party is aware of.
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The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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