Judges:
Lord Eldon LC
Citations:
[1801] EngR 397, (1801) 6 Ves Jun 328, (1801) 31 ER 1076 (B)
Links:
Jurisdiction:
England and Wales
Citing:
Approved – 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 . .
Approved – The Right Honourable Mary Countess Dowager of Shelburne, John Hamilton Fitzmaurice, An Infant, By The Said Countess, His Grandmother And Next Friend v Morough Earl of Inchiquin And Others 22-Mar-1781
On a claim to rectify a written agreement made in contemplation of marriage, Lord Thurlow LC considered it ‘impossible to refuse, as incompetent, parol evidence, which goes to prove, that the words taken down in writing were contrary to the current . .
Appeal from – Stangroom v The Marquis Townshend 1789
. .
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.345643
