CHAPTER 1 THE ESSENCE OF LAND LAW
Box B2 The creation of legal and equitable estates and interests
In Oun v Ahmad [2008] EWHC 545 (Ch); [2008] 13 EG 149 (CS); the claimant asked for rectification of a contract for sale because not all the express terms had been included. However, the parties had expressly agreed not to include these express terms in the contract. As such, there was no mistake in recording the agreement and therefore no place for rectification. The parties had recorded what they intended to record and their mistake (rather a major one) was to the legal consequences of not including all the express terms. The contract was therefore void.
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