Rectification of Contracts Arising from Common Mistake: Sun Electric Pte Ltd v Menrva Solutions Pte Ltd [2021] 5 SLR 648

Singapore Academy of Law Journal (SAcLJ) 2022

18 Pages Posted: 23 Jun 2022

See all articles by Ben Chester Cheong

Ben Chester Cheong

Singapore University of Social Sciences

Lidie Lydia Lee

Singapore University of Social Sciences

Date Written: June 10, 2022

Abstract

This case note discusses the decision of the High Court in Sun Electric Pte Ltd v Menrva Solutions Pte Ltd [2021] 5 SLR 648 which originated from a contractual dispute between two companies that eventually claimed against each other for, inter alia, breach of contract. The decision illustrates the current Singapore position on rectification of contracts arising from common mistake and how the courts assess if the remedy ought to be granted. This note also discusses the ambiguity in the local application of rectification concepts, particularly in the area of common law rectification, and highlights the need to take into account the Evidence Act 1893 (2020 Rev Ed) when considering the applicability of common law concepts derived from foreign jurisdictions such as England.

Keywords: Contract Law, Mistake, Rectification, Singapore

JEL Classification: K10

Suggested Citation

Cheong, Ben Chester and Lee, Lidie Lydia, Rectification of Contracts Arising from Common Mistake: Sun Electric Pte Ltd v Menrva Solutions Pte Ltd [2021] 5 SLR 648 (June 10, 2022). Singapore Academy of Law Journal (SAcLJ) 2022, Available at SSRN: https://ssrn.com/abstract=4139345

Ben Chester Cheong (Contact Author)

Singapore University of Social Sciences ( email )

461 Clementi Road
599491
Singapore
(65) 62408816 (Phone)

HOME PAGE: http://www.suss.edu.sg/about-suss/faculty-and-staff/detail/ben-chester-cheong

Lidie Lydia Lee

Singapore University of Social Sciences

461 Clementi Road
599491
Singapore

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