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
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: Suggested Citation