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Riverlate Properties Ltd v Paul: CA 1974

A lessor sought to have the lease rectified against the tenant, saying the tenant had sufficient knowledge of the error in the lease to permit that remedy.
Held: The tenant had no such knowledge as would have brought the doctrine into play. In approving the dicta in Roberts with regard to rectification for unilateral mistake, the court added: ‘Whether there was in any particular case knowledge of the intention and mistake of the other party must be a question of fact to be decided upon the evidence. Basically it appears to us that it must be such as to involve the lessee in a degree of sharp practice.’
References: [1975] Ch 133, [1974] 2 All ER 656
Judges: Russell, Stamp and Lawton L.JJ
Jurisdiction: England and Wales
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Last Update: 22 September 2020; Ref: scu.222560 br>

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