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Continuing intention
Continuing intention
If, as I have found, the parties did have the requisite common intention to support Together’s rectification claim, then I am satisfied that that intention continued up to the time that the Deed of Postponement was entered into. There is no evidence or suggestion that there was any change in the parties’ intentions in the period immediately prior to the execution of the Deed of Postponement.
- Heading
- Rectification 60
- Overall conclusion 135
- Background
- Meaning of Clause 13 of the Deed of Postponement
- Correct approach to contractual interpretation
- The proper meaning of clause 13 of the Deed of Postponement
- Rectification
- The legal principles to be applied
- The witnesses
- The pre-Deed of Postponement correspondence
- Is Together’s case for rectification made out?
- Common continuing intention
- Outward expression of accord
- Continuing intention
- Mistake
- Terms of proposed rectified clause 13
- Conclusion regarding rectification
- Conclusions