This book comprehensively analyses the equitable doctrine of rectification with its main focus on rectification of contractual documents. It seeks to clarify and classify all aspects of the doctrine, by closely engaging with the leading modern cases, and seeking to place them in the context of fundamental principle – including where they depart from principle. It is a major contribution to the field, and will be useful to scholars, judges and practitioners.
“There is no doubt that the law of rectification needs sorting out at the highest level and I hope relevant courts will read this book before they try to do so.” From the Foreword by Lord Hoffman
Preface
Table of Cases
Table of Statutes
1. Introduction
2. Construction as a Means of Corrective Interpretation
3. Historical Developments in the Equitable Doctrine of Rectification
4. Three Fundamental Principles of Rectification
5. Rectification for Mistakes in Recording Agreements
6. Rectification for Mistakes Made During the Formation of an Agreement
7. Re-examining Cases of Unilateral Mistake
8. Rectification for Fraud
9. Rectification of Deeds Poll and Voluntary Transactions
10. Conclusions
Ultimately, as the book concludes, until the highest courts reject the current classification of rectification between cases of common or mutual mistake and cases of unilateral mistake, in favour of the approach contended for by the author, there will continue to be complexities and difficulties encountered in the application of the equitable doctrine of rectification. This book provides a compelling case for how the law relating to rectification could be restated in a principled manner.
Melanie Hindman QC, Hearsay, (2021) issue 87
As Lord Hoffmann writes in the foreword to this book, the law of rectification of documents is ‘in a muddle’. After a detailed examination of the topic, the author concludes that current classification of rectification cases between cases of common or mutual mistake and cases of unilateral mistake “must be rejected”.
…The book concludes that the law of rectification needs sorting out at the highest level. The author expresses the hope that the relevant courts will read this book before they try to do so.
Graham Fricke, Law Institute Vic Journal, (2021) March
It is without doubt that Dr Tarrant has applied significant analytical rigour throughout this analysis. It is written in a clear and understandable manner, which allows difficult (and often confusing) points to be illuminated. Dr Tarrant has carefully explained his central thesis, resulting in a book that is likely to have continuing relevance in an often-misapplied area of the law. There is much to be said for the argument that some of the complexity found in rectification can be associated with the focus upon the intentions of the parties, as opposed to what was actually agreed between the parties. Rectification of Documents should be recommended.
Ajay Sivanathan, Australian Law Journal, (2021) vol 95
Overall, Rectification of Documents is a thorough, jurisprudentially grounded and sharp analysis of where the equitable doctrine of rectification stands and where it should go.
Kira Larwill, Queensland Lawyer, (2020) vol 38
