Rectification of a Written Contract
Rectification of a Written Contract in South African Law
Rectification of a Written Contract is a legal remedy through which a court corrects the written record of an agreement where the document fails, because of mistake, to accurately reflect the parties’ true common intention.
The remedy does not allow a court to rewrite a poor bargain, improve an agreement with hindsight or create contractual terms that the parties never agreed upon. Its purpose is narrower: to correct the written instrument so that it records the agreement the parties actually intended it to record.
The Supreme Court of Appeal reaffirmed this principle in Nordien and Another v Kidrogen RF (Pty) Ltd and Another in 2025. The Court explained that rectification operates where a written contract fails accurately to express what the parties intended to record and emphasised that the court rectifies the document, not the underlying agreement itself. The party seeking rectification bears the onus of establishing the necessary facts on a balance of probabilities.
The remedy therefore addresses a mismatch between consensus and recordal.
For example, two companies may agree during negotiations that a lease will run for five years, but through a drafting error the signed document states that the lease will run for fifteen years. If the required common intention and mistake can be established, rectification may be available to correct the written term.
A very different situation exists where one party intended five years and the other intended fifteen years. That dispute may concern whether consensus existed at all. Rectification cannot ordinarily manufacture consensus where none existed.
The requirements for Rectification of a Written Contract have been articulated repeatedly in South African case law. Propfokus 49 (Pty) Ltd v Wenhandel 4 (Pty) Ltd remains particularly useful because the Supreme Court of Appeal identified the need to establish the parties’ common continuing intention, their intention to reduce the agreement to writing, the mistake responsible for the inaccurate record, and the wording that should correctly have appeared in the document.
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Why Rectification of a Written Contract Matters
Commercial contracts can be lengthy and technically complex.
Parties may negotiate through term sheets, emails, WhatsApp exchanges, draft agreements, mark-ups, board resolutions and meetings before a final document is prepared for signature.
Errors can occur during that process.
A defined term may be copied incorrectly. The wrong company registration number may be inserted. A negotiated pricing formula may be omitted. The parties may agree that an obligation applies only to one category of products, but the final drafting may inadvertently apply it to every product. A lease may identify the wrong contracting entity. A restraint may contain the wrong geographical description. A sale agreement may state the incorrect purchase price.
The fact that the agreement was signed does not necessarily prevent correction.
The law of rectification exists because the signed written instrument is intended to record the parties’ agreement. Where the instrument fails accurately to do so because of a qualifying mistake, enforcing the erroneous record rather than the parties’ actual common intention may produce the very opposite of contractual certainty.
The remedy is nevertheless demanding.
The party seeking rectification must prove that the alleged alternative wording represents a common intention rather than merely that party’s preferred understanding.
That distinction is essential.
If Company A thought a price was R5 million while Company B genuinely understood it to be R6 million, rectification is not ordinarily the mechanism by which Company A obtains the R5 million term it wanted.
The court cannot use rectification to negotiate retrospectively for the parties.
Requirements for Rectification of a Written Contract
The requirements are most commonly expressed through the principles restated in Propfokus 49 (Pty) Ltd v Wenhandel 4 (Pty) Ltd.
A claimant seeking Rectification of a Written Contract must establish the necessary contractual and factual foundation, including that an agreement or relevant common intention existed, that the parties intended their arrangement to be reflected in writing, that the written instrument fails accurately to reflect their common continuing intention because of mistake, and what wording would correctly record that intention.
The exact formulation in individual judgments can vary according to the factual context, but the fundamental themes remain consistent.
There must first be something to rectify.
Rectification presupposes that the written record does not accurately record an actual agreement or common continuing intention.
Secondly, the intention must be common to the parties.
It is insufficient for one party to prove what it privately intended.
Thirdly, the common intention must continue to the point when the document is executed or reduced to writing.
A negotiating position that was discussed and abandoned earlier in negotiations does not become part of the contract merely because one party later regrets abandoning it.
Fourthly, there must be a mistake or analogous cause for the discrepancy between what the parties intended to record and what the document actually records.
Finally, the court must be able to determine the wording or correction necessary to make the written document conform with that intention.
The recent Nordien v Kidrogen decision reaffirmed the fundamental onus: the party seeking rectification must show on a balance of probabilities that the written agreement does not correctly express what the parties intended to set out.
Establishing the Common Continuing Intention
The expression common continuing intention is central to rectification.
It means that the relevant intention must have been shared by the parties and must have remained operative when the agreement was reduced to writing.
Suppose a seller initially offers a property for R8 million.
During negotiations, the parties discuss R7 million, later agree on R7.5 million and instruct their attorneys to prepare a deed of sale on that basis.
If a typing error results in R75 million appearing in the signed document, the evidence may readily support a common continuing intention of R7.5 million.
The position becomes considerably more difficult where negotiations produced multiple competing versions and no clear final agreement before signature.
Email negotiations are therefore often crucial.
Draft contracts with tracked changes can show which terms were negotiated and accepted. Minutes of meetings can confirm agreement. Term sheets may demonstrate commercial consensus. Instructions to the attorney drafting the agreement can be particularly persuasive.
However, those documents must show commonality.
An internal board memorandum recording what one party hoped to achieve may demonstrate that party’s subjective intention, but not necessarily that the counterparty shared it.
This issue proved decisive in Propfokus. The SCA overturned rectification in circumstances where the required common intention had not been adequately established. The remedy cannot rest on one side’s later characterisation of what it believed the transaction meant.
The factual record should therefore answer a specific question:
What did both parties intend the written document to say at the time it was executed?
Mistake and Rectification of a Written Contract
A drafting discrepancy must ordinarily result from mistake.
The mistake may be innocent.
A typographical error may alter a number.
A drafter may accidentally omit an agreed clause.
The wrong annexure may be attached.
A precedent from another transaction may contain a defined term that was never updated.
The mistake may also arise in more complex circumstances.
South African law does not confine rectification to the simplest form of mutual typographical error. Older and modern authorities recognise that rectification may be available where the written record, for legally relevant reasons, fails accurately to embody the parties’ continuing common intention.
However, the distinction between a mistake in the recordal and a mistake in the parties’ understanding of the transaction remains important.
If both parties consciously choose particular words and those words correctly record what they agreed, rectification is not necessarily available merely because they misunderstood the legal consequences of the bargain.
Tesven CC v South African Bank of Athens is important in this area because the SCA examined the proper reach of rectification and the circumstances in which evidence can be received to establish that the written instrument does not reflect the parties’ actual common intention.
The point can be illustrated simply.
If the parties agreed that a surety would be liable for “all present and future debts” and deliberately used those words, one party cannot ordinarily seek rectification merely because it later says it did not appreciate how broad that liability would be.
If, however, both parties intended the surety to cover only a specified facility and the broader wording was inserted accidentally, rectification may arise.
The enquiry always returns to consensus and recordal.
Rectification of a Written Contract vs Interpretation
Rectification and interpretation are related but distinct.
Interpretation asks: what does the contract, properly construed, mean?
Rectification asks: does the written contract accurately record what the parties actually agreed or intended it to record?
The distinction has become especially important after developments in South African interpretation law.
In University of Johannesburg v Auckland Park Theological Seminary, the Constitutional Court confirmed that contractual interpretation requires consideration of text, context and purpose as part of a unitary exercise. Relevant contextual material is not confined to situations where the wording first appears ambiguous.
This broader contextual approach does not make rectification redundant.
Context assists a court to determine what the words used mean.
It does not permit the court, under the guise of interpretation, to insert words the parties omitted or delete words that were mistakenly included where the contractual text cannot reasonably bear that meaning.
South African courts continue to caution that contextual interpretation is not an unrestricted licence to add to or modify the words of a written contract.
Consider a clause stating:
“The purchaser shall pay R10 million.”
If the dispute is whether “pay” means payment into a trust account or direct payment to the seller, interpretation may resolve the issue through the wording and context.
If everyone agrees that the negotiated price was R1 million but a zero was inserted accidentally, the problem is not interpretation. It is potentially rectification.
Parties should therefore resist attempting to stretch contractual interpretation beyond what the text can reasonably sustain merely to avoid pleading rectification.
Evidence for Rectification of a Written Contract
Rectification is evidence-intensive.
A party seeking the remedy should preserve the entire contractual history.
Relevant material can include draft agreements, tracked changes, term sheets, memoranda of understanding, emails, text messages, meeting minutes, handwritten notes, correspondence between attorneys, instructions to the drafter and subsequent conduct where legitimately relevant to the pleaded issue.
The evidential purpose is to establish the common intention and the mistake in its recordal.
The claimant bears the onus.
The SCA’s 2025 Nordien judgment confirms that rectification must be established on a balance of probabilities.
Earlier case law has also emphasised the need for convincing evidence because a party is asking a court to alter the form of a document both parties signed.
In Petzer v Dixon, the Western Cape High Court referred to Soil Fumigation Services Lowveld CC v Chemfit Technical Products (Pty) Ltd and the need for a party pursuing rectification to establish the facts supporting that remedy satisfactorily.
Drafting history can be especially valuable.
Suppose draft 4 contains a clause stating that a restraint applies throughout Gauteng.
Both parties then agree by email to limit the restraint to Johannesburg.
The attorney responsible for producing draft 5 accidentally retains “Gauteng”, and everyone signs without noticing.
That documentary chain may provide compelling evidence.
By contrast, a claimant who produces no earlier document referring to Johannesburg and relies solely on oral recollection years later may face a much greater evidential challenge.
Oral testimony remains potentially important, but contemporaneous documentation generally gives a court a more reliable basis for determining what both parties intended.
Entire-Agreement and Non-Variation Clauses
Commercial contracts frequently contain an entire-agreement clause stating that the written document constitutes the entire agreement between the parties.
They may also contain a non-variation clause requiring amendments to be recorded in writing and signed.
Neither provision should automatically be confused with rectification.
Rectification does not ordinarily seek to establish that the parties made a later oral amendment to an accurately recorded contract.
Instead, the claimant contends that the signed document was never an accurate record of the parties’ actual agreement in the relevant respect.
The conceptual distinction matters.
A non-variation clause ordinarily regulates later changes to an agreement.
Rectification addresses the accuracy of the original record.
Likewise, the parol-evidence rule ordinarily restricts reliance upon extrinsic evidence to contradict, add to or vary an integrated written contract. Rectification forms a recognised context in which evidence outside the document may become necessary precisely because the claimant alleges that the writing does not accurately record the parties’ agreement. South African authority recognises the admissibility of extrinsic evidence for a properly pleaded rectification claim.
A party cannot, however, avoid an entire-agreement clause merely by attaching the label “rectification” to an alleged oral term.
The required common continuing intention and mistake must still be proved.
Statutory Formalities and Rectification of a Written Contract
Some contracts must comply with statutory formalities.
The most obvious example is a contract for the alienation of land, which generally must be recorded in writing and signed in accordance with applicable legislation.
The existence of a statutory writing requirement does not necessarily prevent rectification.
South African law has long recognised that a written instrument subject to formal requirements can in principle be rectified where the written record fails accurately to express the agreement and the requirements of rectification are established.
Weinerlein v Goch Buildings Ltd is historically significant in this respect and has repeatedly been relied upon in later South African cases concerning rectification of agreements for the sale of immovable property.
Propfokus itself concerned a written agreement for the sale of land. The SCA accepted the legal availability of rectification in principle but held that the factual requirements had not been established.
This distinction is important.
A party cannot merely argue that because a land sale must be written, no evidence outside the deed of sale may ever be considered.
Nor can a claimant use rectification to bypass the statutory formalities by inventing an agreement that was never sufficiently concluded.
Rectification corrects the written memorial of an actual agreement; it does not eliminate the requirement that the underlying legal transaction satisfy the applicable law.
Third Parties, Prejudice and Other Limits
Rectification becomes more complicated when rights have passed to third parties.
The dispute is then no longer exclusively between the original contracting parties.
Older South African authority recognises that rectification may not necessarily be available against an innocent third party who has acquired rights in circumstances where the law protects that party’s position. Later cases continue to refer to the historical principles developed in Weinerlein and Meyer v Merchants’ Trust Ltd concerning third-party prejudice.
This can matter where contractual rights have been ceded, property transferred, security granted or third-party reliance created.
The longer an erroneous written instrument remains uncorrected, the greater the possibility that others may transact on the faith of the document.
Rectification also cannot be ordered where the proposed correction would simply create an unlawful agreement.
A court will not use an equitable corrective mechanism to manufacture enforceability for a transaction prohibited by law. Questions of legality and statutory compliance must therefore be considered separately from whether the document inaccurately records common intention.
Similarly, rectification cannot be used to improve a commercially unfortunate term.
A party that discovers after signature that a contract contains an unfavourable but deliberately negotiated liability cap cannot ask a court to replace it simply because the outcome is harsh.
The remedy protects consensus, not regret.
Pleading and Procedure for Rectification of a Written Contract
A litigant seeking Rectification of a Written Contract should plead the remedy expressly and with precision.
The allegations should establish the contractual relationship, the common continuing intention, the manner in which the written agreement fails to record that intention, the mistake responsible for the discrepancy and the exact correction sought.
Vague allegations that “the contract does not reflect what was agreed” are rarely sufficient.
The court must know how the document should be changed.
Propfokus illustrates the importance of establishing the essential requirements rather than simply asserting rectification as a conclusion.
Rectification may also be raised as a defence or counterclaim where another party seeks to enforce the written document in its uncorrected form.
For example, a plaintiff may sue for payment under clause 10.
The defendant may contend that clause 10 contains a drafting error and seek rectification before the plaintiff can rely upon its literal wording.
Whether rectification should be pursued through action or motion proceedings depends significantly upon the expected factual disputes.
The 2025 Nordien v Kidrogen case itself involved rectification in litigation that arose through application proceedings. The SCA restated the substantive principles and assessed whether the necessary common intention had been established on the evidence.
Where substantial disputes of fact are foreseeable, action proceedings may be procedurally more appropriate because witnesses can be examined and credibility tested.
Parties should therefore consider procedure strategically rather than assuming rectification is a purely documentary remedy.
Practical Examples of Contract Rectification
A few examples demonstrate where the remedy may arise.
A share-sale agreement identifies 10,000 shares when both sides agreed that all 100,000 issued shares would be sold. The negotiations, term sheet and board resolutions consistently record 100,000. A copying error caused a zero to disappear from the final document.
That is a potential rectification scenario.
A lease identifies the landlord’s directors personally as lessors when all negotiations, property records and conduct show that the parties intended the property-owning company to be landlord. The 2025 Nordien v Kidrogen case involved a related problem concerning the identity and representative capacity of parties in a lease and required the SCA to revisit the principles of rectification.
A loan agreement provides interest at prime plus 10% when both parties had agreed prime plus 1%, and every pre-contractual document reflects the 1% margin.
Again, the issue may be one of inaccurate recordal.
A different result may follow where the lender proposed prime plus 10%, the borrower proposed prime plus 1%, and the signed agreement states prime plus 10%.
The borrower cannot necessarily obtain rectification merely by proving that 1% was the rate it wanted.
The evidence must establish that 1% became the common continuing intention.
Likewise, if parties knowingly sign an agreement containing no exclusivity provision after exclusivity was proposed and then removed during negotiations, one party cannot later seek rectification simply because exclusivity would have made the transaction more profitable.
Negotiation history may prove the opposite: that the omission was deliberate.
Conclusion: Rectification of a Written Contract
Rectification of a Written Contract is a powerful but carefully confined South African contractual remedy.
Its purpose is to make the written instrument conform to the parties’ actual common intention where the document fails to do so because of mistake.
It is not an opportunity to renegotiate the bargain.
It does not allow one party’s subjective intention to override the other party’s position.
It cannot create consensus where the parties never agreed.
The claimant must establish the common continuing intention and the discrepancy between that intention and the written record.
Propfokus remains an important authority setting out the requirements, while Nordien v Kidrogen provides recent SCA confirmation that rectification concerns correction of the written document and must be established on a balance of probabilities.
The distinction between interpretation and rectification is equally important.
After University of Johannesburg v Auckland Park Theological Seminary, courts consider contractual context and purpose from the outset when interpreting agreements. But contextual interpretation does not entitle a court simply to insert or delete contractual language that cannot reasonably bear the meaning sought. Where the true allegation is that the written record is wrong, rectification should be considered directly.
For businesses, the best defence against rectification disputes remains disciplined contract preparation.
Negotiated amendments should be incorporated systematically. Final drafts should be compared against signed term sheets. Defined terms, parties, prices, dates, annexures and formulas should be checked before execution.
Where an error is discovered after signature, parties should address it immediately.
A consensual written correction or addendum may resolve an obvious error before rights accrue and disputes arise.
Where agreement on the correction is impossible, the complete negotiating record should be preserved and legal advice obtained before the erroneous term is acted upon.
What Is Rectification of a Written Contract?
Rectification of a Written Contract is a remedy used to correct a written contractual document that, because of mistake, does not accurately record the parties’ actual common intention.
The court corrects the written instrument. It does not create a new agreement for the parties. The SCA reaffirmed this principle in Nordien v Kidrogen in 2025.
What Must Be Proved to Rectify a Contract in South Africa?
The claimant must establish the factual basis for the parties’ common continuing intention, their intention that the arrangement be reflected in writing, the discrepancy caused by mistake and the correction necessary to make the document reflect the actual agreement.
Propfokus 49 v Wenhandel 4 provides an important formulation of these requirements.
What Is a Common Continuing Intention?
It is an intention concerning the relevant contractual term that was shared by both parties and remained operative when the contract was reduced to writing.
It is not enough to prove what one party privately wanted.
The evidence must establish common consensus relating to the correction sought.
Can a Signed Contract Be Rectified?
Yes.
Signature does not necessarily prevent rectification.
The remedy exists precisely because even a signed written instrument can inaccurately record the parties’ agreement.
The claimant nevertheless bears the burden of proving the required facts on a balance of probabilities.
Is Rectification the Same as Contract Interpretation?
No.
Interpretation determines what the words contained in the agreement mean.
Rectification changes the written record so that it accurately reflects the parties’ actual common intention.
South African interpretation law requires consideration of text, context and purpose, but context cannot simply be used to insert a contractual term that the parties’ written language cannot sustain.
Can Emails Be Used to Prove Rectification?
Potentially, yes.
Emails, draft agreements, tracked changes, term sheets, meeting records and drafting instructions can all be relevant where they establish the parties’ common continuing intention and explain how the final written instrument came to record something different.
The weight of the evidence depends upon the particular facts.
Does the Parol-Evidence Rule Prevent Rectification?
No, not in the ordinary sense.
A properly raised rectification case necessarily requires the court to consider evidence directed at proving that the written instrument does not accurately record the parties’ actual agreement.
South African authority recognises rectification as a context in which relevant extrinsic evidence may be admitted.
Can an Entire-Agreement Clause Prevent Rectification?
Not automatically.
An entire-agreement clause ordinarily establishes the written instrument as the integrated record of the parties’ bargain.
Rectification alleges that the instrument itself inaccurately records that bargain.
The claimant must nevertheless prove rectification and cannot simply rely upon alleged oral discussions to escape an unfavourable written term.
Can a Non-Variation Clause Prevent Rectification?
Not necessarily.
A non-variation clause ordinarily governs later amendments to an existing agreement.
Rectification concerns whether the document accurately reflected the agreement in the first place.
A later oral amendment and an original drafting error are therefore legally different issues.
Can a Property Sale Agreement Be Rectified?
Potentially, yes.
South African law has long recognised that agreements subject to statutory writing requirements, including sales of immovable property, may in principle be rectified where the legal requirements are met.
Weinerlein is historically significant, while Propfokus demonstrates the application of rectification principles to a written sale of land.
Can Rectification Add a Clause That Was Left Out of a Contract?
Potentially, but only if the evidence establishes that the omitted clause formed part of the parties’ common continuing intention and was omitted from the written record by mistake.
Rectification cannot add a term that one party proposed but the parties never actually agreed.
Can a Contract Be Rectified Because One Party Misunderstood It?
Ordinarily, unilateral misunderstanding is not enough.
Rectification requires proof of the relevant common intention.
If the parties had different intentions and never reached consensus, the legal dispute may concern mistake or the existence of a contract rather than rectification.
Who Must Prove Rectification?
The party seeking rectification bears the onus.
The 2025 SCA decision in Nordien v Kidrogen confirms that the claimant must establish on a balance of probabilities that the written agreement does not correctly express what the parties intended to record.
Can a Court Rectify a Contract in Motion Proceedings?
Rectification is not automatically excluded merely because proceedings were brought by application.
However, factual disputes concerning negotiations, intention and mistake may make action proceedings more appropriate in a contested case.
Nordien v Kidrogen itself arose in application proceedings and the SCA considered whether the evidence established the required basis for rectification.
What Should a Business Do If It Discovers a Drafting Error?
The business should preserve all negotiation records and immediately identify whether both parties agree that an error occurred.
Where the mistake is genuinely common and uncontested, a written amendment or corrective agreement may resolve the issue efficiently.
Where the other party disputes the original intention, legal advice should be obtained before performance, cancellation or litigation decisions are taken.
References
| Legal authority | Substance | Importance |
|---|---|---|
| Nordien and Another v Kidrogen RF (Pty) Ltd and Another (149/2023) [2025] ZASCA 159 | The SCA considered rectification of a lease where directors of a property-owning company had signed without clearly indicating their representative capacity. The Court restated that rectification corrects the written record rather than changing the parties’ agreement and confirmed that the claimant bears the onus on a balance of probabilities. | This is particularly important recent appellate authority confirming the present South African approach to rectification and the claimant’s evidential burden. |
| Propfokus 49 (Pty) Ltd and Others v Wenhandel 4 (Pty) Ltd (103/06) [2007] ZASCA 15; [2007] 3 All SA 18 (SCA) | The SCA considered rectification of a written agreement for the sale of land and articulated the requirements that must be established, including common continuing intention, intention to reduce the agreement to writing, mistake and the wording sought. | It remains one of the clearest South African statements of the elements required for a rectification claim. |
| Tesven CC and Another v South African Bank of Athens 2000 (1) SA 268 (SCA) | The SCA considered rectification and the admissibility of evidence concerning the parties’ actual intention where the written document failed to reflect the relevant agreement correctly. | The judgment is important to the relationship between rectification, mistake and extrinsic evidence and is frequently cited in subsequent South African cases. |
| Niemesh Singh v McCarthy Retail Ltd t/a McIntosh Motors (429/98) [2000] ZASCA | The SCA stated that a party seeking rectification bears the burden of proving, on a balance of probabilities, an antecedent or contemporaneous agreement or common continuing intention concerning the term that was mistakenly omitted or inaccurately recorded. | The case provides a concise statement of the evidential burden and reinforces that a claimant must prove actual consensus rather than unilateral intention. |
| Van der Merwe v Van der Merwe (843/2018) [2019] ZASCA 76 | The SCA refused rectification of an antenuptial contract where the necessary common mistake or misunderstanding was not established and held that the clear written terms could not simply be disregarded. | The case illustrates the limits of the remedy and confirms that rectification cannot be used merely because one party later alleges an intention inconsistent with the written document. |
| Prevance Bonds (Pty) Ltd v Voltex (Pty) Ltd (58/2022) [2023] ZASCA 40 | The SCA dealt with rectification of a security cession containing an incorrect company registration number and considered whether sufficient evidence existed of the required common continuing intention. | The case demonstrates the practical use of rectification to correct errors concerning contractual identity and corporate particulars where the evidence establishes the intended transaction. |
| Cooper NO and Another v Curro Heights Properties (Pty) Ltd (1300/2022) [2023] ZASCA 66 | The SCA reiterated that rectification is available where an agreement reduced to writing through common mistake does not reflect the true intention of the contracting parties. | The judgment reinforces the central distinction between correcting an erroneous record and seeking to alter an agreement that was accurately recorded. |
| University of Johannesburg v Auckland Park Theological Seminary and Another [2021] ZACC 13; 2021 (6) SA 1 (CC) | The Constitutional Court confirmed the unitary approach to contractual interpretation, requiring text, context and purpose to be considered together from the outset. | Although primarily an interpretation case rather than a rectification case, it is important for distinguishing contextual interpretation from rectification. Context helps establish meaning but does not provide an unrestricted licence to rewrite contractual text. |
| Weinerlein v Goch Buildings Ltd 1925 AD 282 | The Appellate Division recognised foundational rectification principles and accepted that statutory writing formalities do not necessarily prevent correction of a written instrument that inaccurately records the parties’ actual agreement. | The decision remains historically important, particularly in rectification disputes involving agreements for the sale of immovable property and other formal contracts. |
| Soil Fumigation Services Lowveld CC v Chemfit Technical Products (Pty) Ltd 2004 (6) SA 29 (SCA) | The SCA is frequently cited concerning the evidential burden associated with rectification and the need for a party relying upon the remedy to establish a proper factual foundation. | The case highlights that rectification requires convincing evidence rather than vague allegations that the signed document does not reflect what a party says it intended. |
Useful Links
Southern African Legal Information Institute provides free access to South African judgments, including many of the leading appellate decisions dealing with contract rectification, interpretation and mistake.
Supreme Court of Appeal of South Africa provides official access to SCA judgments, including the 2025 Nordien v Kidrogen judgment restating the principles applicable to rectification.
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This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for errors, omissions, loss, or damage arising from reliance upon any information herein. Don’t hesitate to contact Meyer and Partners Attorneys Incorporated if you require further information or specific and detailed advice. Errors and omissions excepted (E&OE).
