Rectification of a written contract requires a mistake as to the words used or their legal effect; the fact that parties deliberately included terms differing from an oral agreement does not constitute a mistake, and unconscionability is a rationale for rectification but not an independent basis for the remedy. Pre-contractual representations may found a promissory estoppel notwithstanding an entire agreement clause. A disclosure statement for outgoings served outside the time prescribed by the lease is ineffective to impose monthly payment obligations on the lessee. Where a lessor is implicitly liable for electricity charges under a lease but the lessee pays them, the lessee may recover as damages for breach or as money had and received.
The full text is available to signed-in members, including the 25 later cases that cite this judgment.