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Article: Restatement of the law on rectification: equitable relief for mistakes in contractual documents
| Title | Restatement of the law on rectification: equitable relief for mistakes in contractual documents |
|---|---|
| Authors | |
| Keywords | Common mistake Comparative law Loan agreements Rectification Tomlin orders |
| Issue Date | 2014 |
| Publisher | Sweet & Maxwell Ltd.. The Journal's web site is located at http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=423&productid=6944 |
| Citation | International Company and Commercial Law Review, 2014, v. 25 n. 1, p. 26-30 How to Cite? |
| Abstract | Summarises the Hong Kong Court of Final Appeal judgment in Kowloon Development Finance Ltd v Pendex Industries Ltd on whether there was sufficient evidence to show that: (1) the parties to two Tomlin orders containing the renegotiated terms of a loan arrangement had been in common mistake for failing to include a term that the relevant debt was to be discharged; or (2) the mistake was solely on the lender's part and justified the rectification of the second Tomlin order. Assesses the current state of the law in Hong Kong and England and Wales on rectification for common or unilateral mistake. |
| Persistent Identifier | http://hdl.handle.net/10722/185923 |
| ISSN |
| DC Field | Value | Language |
|---|---|---|
| dc.contributor.author | Mason, L | en_US |
| dc.date.accessioned | 2013-08-20T11:46:38Z | - |
| dc.date.available | 2013-08-20T11:46:38Z | - |
| dc.date.issued | 2014 | en_US |
| dc.identifier.citation | International Company and Commercial Law Review, 2014, v. 25 n. 1, p. 26-30 | en_US |
| dc.identifier.issn | 0958-5214 | en_US |
| dc.identifier.uri | http://hdl.handle.net/10722/185923 | - |
| dc.description.abstract | Summarises the Hong Kong Court of Final Appeal judgment in Kowloon Development Finance Ltd v Pendex Industries Ltd on whether there was sufficient evidence to show that: (1) the parties to two Tomlin orders containing the renegotiated terms of a loan arrangement had been in common mistake for failing to include a term that the relevant debt was to be discharged; or (2) the mistake was solely on the lender's part and justified the rectification of the second Tomlin order. Assesses the current state of the law in Hong Kong and England and Wales on rectification for common or unilateral mistake. | - |
| dc.language | eng | en_US |
| dc.publisher | Sweet & Maxwell Ltd.. The Journal's web site is located at http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=423&productid=6944 | en_US |
| dc.relation.ispartof | International Company and Commercial Law Review | en_US |
| dc.subject | Common mistake | - |
| dc.subject | Comparative law | - |
| dc.subject | Loan agreements | - |
| dc.subject | Rectification | - |
| dc.subject | Tomlin orders | - |
| dc.title | Restatement of the law on rectification: equitable relief for mistakes in contractual documents | en_US |
| dc.type | Article | en_US |
| dc.identifier.email | Mason, L: masonlee@hkucc.hku.hk | en_US |
| dc.identifier.authority | Mason, LC=rp01269 | en_US |
| dc.identifier.hkuros | 219398 | en_US |
| dc.identifier.volume | 25 | - |
| dc.identifier.issue | 1 | - |
| dc.identifier.spage | 26 | - |
| dc.identifier.epage | 30 | - |
| dc.publisher.place | United Kingdom | en_US |
| dc.identifier.issnl | 0958-5214 | - |