The court will not rectify an instrument when no relief is required as between the parties to it1, although that does not mean that there must be an adversarial issue between them2.
The court will not rectify a settlement to make it conform with what would have been the contract between the parties had they taken all the material facts known by them into consideration3; nor does the doctrine extend to cases where as regards some particular subject matter the parties had no intention at all, even if it could be shown that had it been in their minds they
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On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
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