The 'Drastic' Remedy of Rectification for Unilateral Mistake

Abstract

This article argues that the object of rectification for unilateral mistake ought to be essentially no different than rectification for common mistake - namely, to ensure that the written contract reflects the true bargain between the parties as determined by ordinary principles of contract formation. Proof dishonesty or unconscionable behaviour prior to entry into the contract should not be the basis of the claim. A party who is mistaken as to the terms expressed in a written contract ought to be granted rectification whenever he or she has been led reasonably to believe that the document does in fact contain the terms intended, regardless of whether the other party shares the mistake, knows of it, or behaved badly in some way.