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Return to JC Smith's The Law of Contract, 3e Student Resources
Chapter 14 End of Chapter Questions
Rectification
Quiz Content
*
not completed
.
Should rectification be considered before or after issues of interpretation?
Before.
correct
incorrect
After.
correct
incorrect
*
not completed
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What impact might you expect the decisions in
Arnold v Britton
and
Marks & Spencer v BNP Paribas
to have on rectification?
None at all.
correct
incorrect
Increases the likelihood that parties will bring claims in rectification.
correct
incorrect
Decreases the likelihood that parties will bring claims in rectification.
correct
incorrect
None of the options given is correct.
correct
incorrect
*
not completed
.
Which of the following restrictions applies to claims for rectification?
The parol evidence rule.
correct
incorrect
The inadmissibility of pre-contractual negotiations.
correct
incorrect
The inadmissibility of evidence of subjective intentions of the parties.
correct
incorrect
None of the options given is correct.
correct
incorrect
*
not completed
.
Can parties restrict the evidence available to support a claim for rectification by using an entire agreement clause?
Yes
correct
incorrect
No
correct
incorrect
*
not completed
.
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.
correct
incorrect
The prior agreement between the parties must have still been effective when the contract was executed.
correct
incorrect
The instrument must fail to reflect the prior agreement reached by the parties.
correct
incorrect
The instrument would carry out the agreement if rectification was claimed.
correct
incorrect
*
not completed
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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.
correct
incorrect
A misunderstanding of the meaning of the language.
correct
incorrect
A disparity between an objective view of the parties' previous negotiations and an objective view of the written agreement.
correct
incorrect
All of the options given are correct.
correct
incorrect
*
not completed
.
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.
correct
incorrect
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
correct
incorrect
The relevant mistake was important.
correct
incorrect
None of the options given is correct.
correct
incorrect
*
not completed
.
Rectification might not be granted where the party seeking rectification has acted unconscionably in some way. True or False?
True
correct
incorrect
False
correct
incorrect
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