The court is always more cautious about rectifying a document on oral evidence alone1. If there is nothing but the recollection of witnesses whose reliability is doubted by the court, and the defendant denies the case set up by the claimant, the claimant may be without remedy2. Yet a mistake may nonetheless be rectified where it is clearly proved by oral evidence, even though there is nothing in writing to which the oral evidence may attach3. The court may order rectification4 or rescission5 on the ground of mistake on the claimant's evidence alone where no further evidence can be
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This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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