Where a party sought rectification of a contract to supply into the contract an element without which the contract was intrinsically invalid, that application could only succeed if there was clear and convincing evidence that the parties had intended another effect, and precisely what that effect was. Here an assignment to unidentified trustees which was ineffective because of the uncertainty could not be repaired since the evidence required was not available.
Citations:
Times 19-Jan-2000
Jurisdiction:
England and Wales
Equity, Contract
Updated: 03 November 2022; Ref: scu.84560
