Davies, JC Smith's The Law of Contract, 3e Student Resources

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

Before. correct incorrect

After. correct incorrect

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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

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. 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

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

Yes correct incorrect

No correct incorrect

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. 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

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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

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. 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

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. 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