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Rectification of Documents

Rectification of Documents

By John Tarrant

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.

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  • Full description

    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 Hoffmann

  • About the author

    John Tarrant is Professor of Law at the University of Western Australia where he has taught in the areas of remedies, contract, property and trusts.

    He has published on a wide range of topics including contract, tort, property, corporations law, insolvency, mining law, practice and procedure, disqualification for bias and unit trusts. John is also a barrister at the Sydney bar, a public notary and a military lawyer in the Royal Australian Air Force specialist reserve.

    Before becoming an academic he held positions in the mining and oil and gas industries as an executive director of Australian and Canadian listed companies.

  • Product details

    ISBN: 9781760022365

    Published: 2020

    Format: Hardcover

  • Table of contents

    Foreword

    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

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