Ong on Rectification

In Ong on Rectification, Professor Denis SK Ong brings his customary penetrating analysis of the authorities to the equitable remedy of rectification. Topics discussed include: the nature of rectification; a detailed exploration of the principles of contractual construction; the difference between construction and rectification; rectification of both common and unilateral mistakes; and rectification of wills. Professor Ong very carefully sets out both the Australian and English authorities, highlighting the differences between them as well as remaining “grey” or unresolved areas. His analysis of the High Court decisions on construction, following the House of Lords decision in Chartbrook Ltd, is particularly illuminating in this regard. He quotes extensively, though judiciously, from the cases and is unafraid to point out problems he perceives in the reasoning contained therein. As such this book will be an invaluable resource for all those involved in contractual construction, disputes and adjudication.

1. Concept of Rectification 

2. Construction of Documents 

3. Construction of Documents Distinguished from Rectification of Documents 

4. Rectification of a Document to Remove a Common Mistake 

5. Rectification of a Document to Remove a Unilateral Mistake 

6. Rectification of a Voluntary Settlement or of a Will 

7. Situations where Rectification of Documents Not Available