Singapore Court Sets Out When Contracts May Be Rectified for Unilateral Mistake

The provisions of a written contract may not always reflect the actual contractual intention of the parties. In certain situations, the Court may order the rectification of contractual terms to reflect such intention. In the case of Doo Wan Tsong Charles v Oxley Jasper Pte Ltd [2021] SGHC 249, the Singapore High Court considered when it would be appropriate to order the rectification of a contract in the event of unilateral mistake by a contracting party. In particular, the Court considered the kind of mistake for which rectification is available and the scope of rectification that is allowed.

The Court rejected the Plaintiffs’ attempt to rectify certain contractual provisions in a sale and purchase agreement with the First Defendant. The First Defendant was successfully represented by Kelvin Poon, Devathas Satianathan, Cai Xiaohan and Jodi Siah of Rajah & Tann Singapore LLP.