An application was made for the rectification of a transfer.
Held: The fact that the contract has been negotiated by a person who is not the decision-taker and has made an error is irrelevant unless it can be shown that the decision-taker shared the intention of the negotiator; but that requires evidence. The negotiator for the Borough had made an error in the drafting of the contract, but he was not the decision-taker; those who took the decision for the Borough were not called to give evidence and it could not be inferred that they intended the Borough to contract other than in the form of the contract which the Borough executed.
Judges:
Peter Gibson, Keene, Mauric Kay LJJ
Citations:
[2004] EWCA Civ 1191
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – George Wimpey UK Ltd v VI Construction Ltd CA 3-Feb-2005
A land purchase contract had been rectified by the judge for unilateral mistake. A factor had been dropped from a formula for calculating the price.
Held: The judge’s conclusion that the circumstances existed to allow a rectification was . .
Lists of cited by and citing cases may be incomplete.
Land, Contract
Updated: 21 June 2022; Ref: scu.215984