Henkle v Royal Exchange Assurance Company: 14 Nov 1749

(Court of Chancery) Lord Hardwicke LC was in ‘no doubt, that this court has jurisdiction to relieve in respect of a plain mistake in contracts in writing as well as against frauds in contracts: so that if reduced into writing contrary to intent of the parties, on proper proof that would be rectified.’

Judges:

Lord Hardwicke LC

Citations:

[1749] EngR 153, (1749) 1 Ves Sen 317, (1749) 27 ER 1055

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

ApprovedThe Marquis Townshend v Stangroom 21-Jul-1801
. .
CitedFSHC 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

Updated: 17 July 2022; Ref: scu.378552