Rescission and Rectification


1. Rescission is an equitable remedy. The court may order rescission of a contract where it would, on account of mistake, misrepresentation or otherwise, be unreasonable to uphold it.

2. Rectification is an equitable remedy. It is applied to correct (or rectify) documents which purport to embody some prior agreement, whether oral or in writing, and this prior agreement has not - due to mutual mistake - been properly repro- duced in the document. The issue is whether or not agreement and document fail to correspond.
F. E. Rose (London) Ltd. v. William H. Pim Jnr. & Co. Ltd. 1953 - the mistake there was unilateral.