The equitable remedy of rectification is granted by the courts in which of the following situations?
A)The seller made a fraudulent misrepresentation that induced the buyer to buy.
B)The parties to a contract disagree as to the meaning of a term in their contract.
C)The seller of goods has made an innocent misrepresentation that persuaded the buyer to buy.
D)A person buys something that he later learns he already owned.
E)Because of a mistake,a written document does not include a corrected term to which the parties had orally agreed.

Question

Quizplus · Accepted Answer

Rectification is granted by the courts when there has been a mistake in a written document that does not reflect the true intentions of the parties. Option E describes such a situation where there was an agreement to correct a term in writing but it was not included mistakenly. Options A, C and D describe situations where rescission and/or damages may be granted instead. Option B may require interpretation of the contract by the court but not necessarily rectification.

The Equitable Remedy of Rectification Is Granted by the Courts