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 intention of all parties.’

Judges:

Lord Thurlow LC

Citations:

[1781] EngR 38, (1781) 12 Sim 352, (1781) 59 ER 1167 (B)

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Approved – The Marquis Townshend v Stangroom 21-Jul-1801
. .
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.

Equity, Contract

Updated: 17 July 2022; Ref: scu.372504