Rectifying Rectification: The Subjective Approach to Rectification for Common Mistake

Adam Shaw-Mellors

Rectifying Rectification: The Subjective Approach to Rectification for Common Mistake

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Abstract

This article analyses the law of rectification for common mistake in the light of the decision of the Court of Appeal in FSHC Group Holdings Ltd v GLAS Trust Corp Ltd. It suggests that the court in FSHC was correct to prefer a subjective test for common continuing intention over the objective test that had been preferred by Lord Hoffmann in Chartbrook Ltd v Persimmon Homes Ltd in what is labelled the “no antecedent contract” situation. The article also considers the significance of the requirement of an “outward expression of accord” as a discrete element of an action for rectification and what this might mean in practical terms.

Original language	English
Pages (from-to)	368-381
Journal	Journal of Business Law
Volume	5
Publication status	Published - 28 May 2020

Bibliographical note

This is a pre-copyedited, author-produced version of an article accepted for publication in Journal of Business Law following peer review. The definitive published version Shaw-Mellors, A 2020, 'Rectifying Rectification: The Subjective Approach to Rectification for Common Mistake', Journal of Business Law, vol. 5, pp. 368-381. is available online on Westlaw UK or from Thomson Reuters DocDel service .

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Rectifying Rectification The Subjective Approach to Rectification for Common Mistake - Adam Shaw-Mellors
This is a pre-copyedited, author-produced version of an article accepted for publication in Journal of Business Law following peer review. The definitive published version Shaw-Mellors, A 2020, 'Rectifying Rectification: The Subjective Approach to Rectification for Common Mistake', Journal of Business Law, vol. 5, pp. 368-381. is available online on Westlaw UK or from Thomson Reuters DocDel service .
Accepted author manuscript, 197 KBLicence: CC BY-NC 3.0

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Rectifying Rectification: The Subjective Approach to Rectification for Common Mistake

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