On a claim to rectify a written agreement made in contemplation of marriage, Lord Thurlow LC considered it ‘impossible to refuse, as incompetent, parol evidence, which goes to prove, that the words taken down in writing were contrary to the current intention of all parties.’
Judges:
Lord Thurlow LC
Citations:
[1781] EngR 38, (1781) 12 Sim 352, (1781) 59 ER 1167 (B)
Links:
Jurisdiction:
England and Wales
Cited by:
Approved – The Marquis Townshend v Stangroom 21-Jul-1801
. .
Cited – FSHC Group Holdings Ltd v Glas Trust Corporation Ltd CA 31-Jul-2019
Rectification – Chartbrook not followed
Opportunity for an appellate court to clarify the correct test to apply in deciding whether the written terms of a contract may be rectified because of a common mistake.
Held: The appeal failed. The judge was right to conclude that an . .
Lists of cited by and citing cases may be incomplete.
Equity, Contract
Updated: 17 July 2022; Ref: scu.372504