Full Description
Provides comprehensive guidance on how to deal with situations where a mistake has been made in the drafting of a legal document to the detriment of a client Unravels the complex legal principles in this area and explains the remedies available Covers rectification by construction and by way of the remedy of rectification Discusses rectification remedies in various fields of law, including commercial, Chancery, property, pensions and general civil litigation Shows how best to advise clients on the merits of bringing a claim for rectification to court Explains how to litigate a claim and how to defend against one Advises on how to settle rectification litigation Analyses the key judgments in this area in recent years, both English decisions and those from other common law jurisdictions Looks at documents where special considerations apply Includes precedents for use in court proceedings
Contents
The Nature of Rectification. Rectification by Construction. Rectification for Common Mistake. Rectification for Unilateral Mistake. Defences. Third Parties. Wills and Unilateral Transactions. Particular Documents. Evidence. Practice and Procedure. Appendix: Precedents.
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