200756 Study Guide - Final Guide: Equitable Remedy, Jonathan A. Campbell, Metcash

• School: UWS
• Department: University of Western Sydney
• Course: 200756
• Professor: John Juriansz

Document Summary

Elements: the plaintiff must clearly and convincingly" (stormriders v copperart)" [must. Exceptions: wills (harter v harter (1873)) and constitutions of companies (scott v frank. 2: mistake, brightman j in re butlin"s settlement trusts [1976] . [rectification is available where the words of the document were purposely used but it was mistakenly considered that they bore a different meaning from their correct meaning as a matter of true construction. Unmistaken party lets that mistaken party remain under a misapprehension or refrains from bringing the mistake to their attention where it would be equitable to do so. In tutt v doyle however at 12-13 meagher ja stated that the real question" is whether it is unconscionable for one party knowingly to take advantage of another party"s mistake": caveats: 3: actual knowledge not required, rather must have known" or strongly. Suspect" other party making a mistake: brereton j in international advisor.