Chapter 14 Self-test questions

. When determining the contents of a contract, which of the following doctrines should be considered last?

Interpretation.

Implication.

Rectification.

None of the options given is correct.

. Rectification is able to insert missing pages into a document. True or false?

True.

False.

. Does an agreement need to be specifically enforceable before rectification may be ordered?

Yes.

No.

. For rectification to be ordered, how did the courts traditionally take into account the parties' intentions?

The courts took into account the parties' actual, subjective, intentions.

The courts took into account what an objective observer would think the parties' intentions to be.

The courts took into account only the parties' actions, not their intentions.

The court could order rectification whenever it wanted.

. Which types of provisions may be inserted into an instrument through rectification?

The provisions which the parties would have inserted had they been better informed.

The provisions which the parties intended the instrument to contain.

The provisions which the parties intended it to contain, and those which they would have inserted had they been better informed.

Any provisions may be inserted into an agreement, irrespective of the parties' intentions.

. Is it possible to be order rectification for unilateral mistakes?

Yes, only unilateral mistakes can ground rectification.

Yes, both common and unilateral mistakes can ground rectification.

No, only common mistakes can ground rectification.

No, mistakes can never ground rectification.

. How is rectification for unilateral mistakes assessed?

According to the objective beliefs of the parties, assessed by a fair-minded observer.

According to the objective beliefs of the parties, freely assessed by the court.

According to the subjective states of mind of the parties.

None of the options given is correct.

. Why is it said that rectification on the basis of a unilateral mistake should not lightly be granted?

It imposes on the defendant a contract which he did not make.

It relieves the claimant from a document to which he did consent.

The effect of the remedy is drastic.

All of the above options are correct.

. In which of the following circumstances might the court refuse to grant rectification?

The claimant knows about the grounds for rectification, and might be adversely affected by it.

The defendant knows about the grounds for rectification, and might be adversely affected by it.

A third party who is a bona fide purchaser for value without notice may be adversely affected by it.

All of the above options are correct.

. In which of the following circumstances will rectification be awarded by default?

The party can obtain satisfaction through the doctrine of interpretation.

The party can obtain satisfaction through the doctrine of implication.

The agreement is as intended by the parties, but the bargain could be improved.

None of the above options is correct.

Quiz Content