The question was whether a particular piece of land was correctly included in the description of the land to be conveyed under a contract of sale.
Lord Thurlow LC said that:
‘ . . if both [parties] understood the whole was to be conveyed, it must be conveyed. But again, if neither understood so, if the buyer did not imagine he was buying, any more than the seller imagined he was selling, this part, then this pretence to have the whole conveyed is as contrary to good faith upon his side, as the refusal to sell would be in the other case. The question is, does it appear to have been the common purpose of both to have conveyed this part.’
Judges:
Lord Thurlow LC
Citations:
[1790] EngR 2447, (1790) 1 Ves Jun 210, (1790) 30 ER 306
Links:
Jurisdiction:
England and Wales
Cited by:
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.
Contract, Equity
Updated: 17 July 2022; Ref: scu.365500