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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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