Rectification (law)
Encyclopedia
Rectification is a remedy whereby a court orders a change in a written document to reflect what it ought to have said in the first place. It is an equitable remedy
, which means the circumstances where it can be applied are limited.
In the United States, this remedy is commonly referred to as reformation.
, the rule was summarised in Fowler v Fowler (1859) 4 DeG & J 250 at 264 as follows:
case of Bercovici v Palmer (1966) 59 DLR (2d) 513 a lawyer's "inexplicable error" extended a conveyance of real property to include a cottage
. One of the parties later tried to assert that the inclusion was intended, but the trial judge
did not believe this evidence and concluded that he was "satisfied beyond any fair and reasonable doubt that the (cottage) was not intended by either party to be included in their transaction."
On appeal
, the court added that in cases where rectification is an issue, it is within the purview of the court to consider conduct subsequent to the contract.
Equitable remedy
Equitable remedies are judicial remedies developed and granted by courts of equity, as opposed to courts of common law. Equitable remedies were granted by the Court of Chancery in England, and remain available today in most common law jurisdictions. In many jurisdictions, legal and equitable...
, which means the circumstances where it can be applied are limited.
In the United States, this remedy is commonly referred to as reformation.
England
In English lawEnglish law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, the rule was summarised in Fowler v Fowler (1859) 4 DeG & J 250 at 264 as follows:
- "Only after the court has been satisfied by evidence which leaves no 'fair and reasonable doubt' that the deed impeached does not embody the final intention of the parties. This evidence must make it clear that the alleged intention to which the plaintiff asks that the deed be made to conform, continued concurrently in the minds of all the parties down to the time of its execution; and the plaintiff must succeed in showing also the precise form in which the instrument will express this intention."
Canada
In the CanadianCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
case of Bercovici v Palmer (1966) 59 DLR (2d) 513 a lawyer's "inexplicable error" extended a conveyance of real property to include a cottage
Cottage
__toc__In modern usage, a cottage is usually a modest, often cozy dwelling, typically in a rural or semi-rural location. However there are cottage-style dwellings in cities, and in places such as Canada the term exists with no connotations of size at all...
. One of the parties later tried to assert that the inclusion was intended, but the trial judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
did not believe this evidence and concluded that he was "satisfied beyond any fair and reasonable doubt that the (cottage) was not intended by either party to be included in their transaction."
On appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
, the court added that in cases where rectification is an issue, it is within the purview of the court to consider conduct subsequent to the contract.