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Parties may seek rectification of agreements after liquidation, but beware

7 December 2021

Parties may seek rectification of agreements after liquidation, but beware

 

Whereas so-called ‘gentlemen’s agreement’ by a handshake and the ‘my word is my bond’ agreements are generally difficult to prove, written agreements tend to give parties comfort that all the commercial terms of a transaction have been condensed to writing. However, what happens when there is an error in the written agreement, and that error is only picked once one of the parties is in liquidation?

 

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