Which of the Following Situations Gives Rise to the Application

question 95

Multiple Choice

Which of the following situations gives rise to the application of the equitable remedy of rectification?

• A) Both parties to a contract agree that they want to change some of its terms and thus apply jointly to the court to have the relevant terms altered.
• B) The two parties to a contract have made a mutual mistake and one of these parties is asking the court to choose the more reasonable meaning of the terms in question.
• C) The defendant has a justifiable defence of non est factum.
• D) A written instrument, because of an obvious mistake, does not embody the unchanged terms of an original oral agreement.
• E) The contract is one requiring "utmost good faith."

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