| Abstract: | Legal context. This article is about the possible ways the correctionof errors in a written agreement can be achieved. These errorsmight be in the way that the agreement has been written or thatthe parties misunderstood the agreement each thought they weremaking. Key points. English law provides a number of ways in which suchmistakes or misunderstandings might be resolved, ultimatelyby a court if further agreement cannot be reached. First, thewritten agreement might simply be unenforceable. If not, thena court might construe the wording in the agreement in a waythat reflects the intention of the parties, implying terms intothat contract, or rectify the words used in the agreement. Practical significance. The intention of the article is to makepractitioners aware of these various routes to remedy mistakeswhich have been made in connection with written agreements.This knowledge will enable an informed approach to be takento resolving the dispute of which the mistake or alleged mistakeis the cause. Negotiations can take place around the possibleeffect of the mistake and the available remedies. This knowledgecan be used to resolve disputes arising out of such errors eitherby negotiation, possibly through mediation, and ultimately byappropriate action in the courts. |
