Chapter 14 Self-test questions

. Should rectification be considered before or after issues of interpretation?

Before.

After.

. What impact might you expect the decisions in Arnold v Britton and Marks & Spencer v BNP Paribas to have on rectification?

None at all.

Increases the likelihood that parties will bring claims in rectification.

Decreases the likelihood that parties will bring claims in rectification.

None of the options given is correct.

. Which of the following restrictions applies to claims for rectification?

The parol evidence rule.

The inadmissibility of pre-contractual negotiations.

The inadmissibility of evidence of subjective intentions of the parties.

None of the options given is correct.

. Can parties restrict the evidence available to support a claim for rectification by using an entire agreement clause?

Yes

No

. Which of the following is not a condition for common mistake rectification?

There must be a prior agreement between the parties that is specifically enforceable.

The prior agreement between the parties must have still been effective when the contract was executed.

The instrument must fail to reflect the prior agreement reached by the parties.

The instrument would carry out the agreement if rectification was claimed.

. What is required to fulfil the condition for common mistake rectification that the written document fails to represent the agreement?

A literal disparity between the language of the agreement and that of the instrument.

A misunderstanding of the meaning of the language.

A disparity between an objective view of the parties' previous negotiations and an objective view of the written agreement.

All of the options given are correct.

. Which of the following is necessary for a court to grant rectification for unilateral mistake?

The defendant must know of the mistake, or recklessly turn a blind eye to the mistake.

The defendant must know of the mistake, recklessly turn a blind eye to the mistake, or be negligent as to the existence of the mistake

The relevant mistake was important.

None of the options given is correct.

. Rectification might not be granted where the party seeking rectification has acted unconscionably in some way. True or False?

True

False

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