Rectification

Ahmad, Muhamad Hassan and Ali Mohamed, Ashgar Ali and Masum, Ahmad and Arowosaiye, Yusuf Ibrahim (2024) Rectification. In: Contract Law in Malaysia. CLJ Malaysia Sdn Bhd, Ampang, Selangor, pp. 507-516. ISBN 978-967-457-199-3

PDF (Book Chapter) - Published Version Restricted to Registered users only Download (4MB) | Request a copy

Abstract

T his chapter generally discusses an equitable remedy, i.e., rectification of instruments, available under the Specific Relief Act 1950. As it is an equitable remedy, wherein, in a proper case, the court may exercise its discretion to amend the language of a contract or instrument to make it in accordance with the true intention of the parties.1 In other words, rectification is a discretionary equitable remedy whereby an instrument that fails to accurately express the intention of the parties may be corrected.2 Thus, the court must first ascertain what that intention was and secondly, be satisfied that the words of the contract or instrument fail to express that intention. The court may either treat the contract retrospectively as if drawn in its rectified form or rectify an agreement and order specific performance.3 What is corrected is not mistake in the contract entered by the parties, but the instrument recording it.

Item Type:	Book Chapter
Additional Information:	8116/115763
Uncontrolled Keywords:	Rectification
Subjects:	K Law > K Law (General) K Law > K600 Private Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr Ashgar Ali Ali Mohamed
Date Deposited:	03 Dec 2024 11:53
Last Modified:	12 Dec 2024 16:30
URI:	http://irep.iium.edu.my/id/eprint/115763

Actions (login required)

View Item