Rectification of Instruments

Your sale agreement says Flat 402, Wing B. Both you and the seller always meant Flat 204, Wing A. A typist mixed it up and nobody noticed until the builder used the mistake to refuse you the flat you paid for. The agreement is signed and stamped. Do you have to live with the words, or can the court correct them to say what you both really agreed?

In two minutes

Section 26 of the Specific Relief Act 1963 lets the court rectify a written contract or other instrument that, through fraud or mutual mistake, does not express the real intention of the parties, so far as this can be done without prejudice to rights acquired by third persons in good faith and for value.

The rest of this chapter

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