Specific Performance or Rectification - equitable remedies for breach of contract

Rectification and Specific Performance are what is called equitable remedies. The Supreme Court of Western Australia inherited the jurisdiction of the English common law Courts and also of the English Courts of Equity, combining both jurisdictions into a single Court. That jurisdictional approach is also applied by Arbitrators today.

Common law Courts worked on the basis of contracts as they are written and awarded damages for their breach. On the other hand, Courts of Equity were prepared to consider whether the contract as written reflected the true intentions of the parties. Also possible in equity, was getting a person to do something which that person was liable to do in favour of the other party, rather than simply seek to compensate the aggrieved party in damages.