What is the test for rectifying a provision in a contract?
British Columbia, Canada
The following excerpt is from Star Systems Inc. v. Overland West Freight Lines Ltd., 2012 BCSC 180 (CanLII):
Before rectification can be granted, it must first be established that the contract does not reflect the agreement of the parties, and that the parties shared a continuing common intention up to the time of the signing that the provision at issue stand as agreed and not as reflected in the document: see Fraser v. Houston et al., 2006 BCCA 66, per Lowry J.A., at paras. 26 to 30.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a contract where the provisions of the contract are inconsistent? (British Columbia, Canada)
What is the range of damages for damages for breach of a contract where the contract price of a parcel of land was significantly lower than the value of the land at the time the contract was signed? (British Columbia, Canada)
Is an employment contract valid when the substratum of the employment contract has been eroded so that the contract does not need to be substantially eroded? (British Columbia, Canada)
Is a contract enforceable if the contract contains no representations, warranties, guarantees or promises other than those set out in this contract? (British Columbia, Canada)
What is the test for the construction of a contract where a clause in the contract states that a condition fundamental to the agreement must be met before the contract can be signed? (British Columbia, Canada)
Does the fact that there is no provision that considers the respondent’s failure to perform his obligations in breach of contract preclude the applicant from seeking damages for non-performance of the contract? (British Columbia, Canada)
What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract? (British Columbia, Canada)
When a contract is signed and signed, can a party who signed it before and at the time of the contract be found to have misrepresented the agreement? (British Columbia, Canada)
How have the courts interpreted the meaning of a contract when a contract is not enforceable? (British Columbia, Canada)
Is a contract that requires the purchaser to take all reasonable steps necessary to meet the terms of the contract? (British Columbia, Canada)
