Rectification: What to do when your "contract" is not your contract

Key Points:
Bear rectification in mind as a remedy if you find a dispute or question arises about the true meaning of your contract.

Mistakes happen. Rectification is an important remedy when a written contract doesn't reflect what the parties intended. This article recaps the requirements for rectification and gives some tips for those considering a rectification case.

Test for rectification

Rectification is available where parties had a particular intention and, by mistake, that intention was not properly reflected in the document recording their contract. The purpose of rectification is to make the document conform to the true agreement of the parties.

More specifically, a party seeking rectification must prove the three elements.