33. Instrument in terms contrary to intention.

Where the intention of the parties to an otherwise valid transaction is recorded in terms which do not accurately reflect that intention, the court may correct the mistake in the record in order to give effect to the intention. Where the transaction is a unilateral one (for example, a deed poll1 or a will2), the intention concerned is that of the maker alone3. Where it is a bilateral or multilateral transaction, in order for the court to correct the document, the intention that must be inaccurately recorded is the common intention of the parties to it4.

However, the common intention