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Hong Kong rectificationmistakeinterpretation

Swire Properties Ltd v Secretary for Justice

Secretary for Justice v Swire Properties Ltd (2003) 6 HKCFAR 236 (FACV 13/2002)
JurisdictionHong Kong
CourtHong Kong Court of Final Appeal
Year2003
StatusBinding authority

Key Principle

Rectification for common mistake requires proof that the parties had a continuing common intention, on a point distinct from the written terms, together with an outward expression of accord, which the executed document failed by mistake to record; rectification is judged objectively by reference to what was communicated between the parties, not their uncommunicated subjective beliefs.

Area of Law

contract

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