A and B agree to a contract for the sale of potatoes. A is in charge of drafting the contract but fails to include a crucial provision regarding payment. B notices the error but decides not to inform A about it since the omission benefits him. Can the contract be rectified even though there was no common mistake shared by both parties?

Question

Quizplus · Accepted Answer

Rectification can be sought if one party was aware of the other's mistake and failed to correct it, especially if it was inequitable to take advantage of the oversight. This principle allows for the correction of the document to reflect what was agreed upon, despite the absence of a common mistake.

A and B Agree to a Contract for the Sale