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10 June 2022

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

Ben Chester Cheong Lee Lidie Lydia

Published on e-First 10 June 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.