The objective outward accord test applies to rectification for common mistake: the court looks to whether there was a shared outward expression of agreement that the written contract failed to record.
contract
On termination of a building contract, a builder may recover reasonable value of work done in restitution, subject to the contract price as a ceiling where work was performed under a valid contract.
Bank late payment fees are not penalties where they represent a genuine pre-estimate of loss or protect a legitimate interest of the stipulating party.
High Court of Australia examined the principles governing rectification of written contracts for common intention and unilateral mistake in equity.
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Explain Swire Properties Ltd v Secreta...