Correction may be possible if the alleged error is committed by a single party. This is usually due to the fact that the instrument in question formalizes a unilateral act such as a trust, or that the instrument should register an agreement between the parties, but one party says that the instrument does not do it exactly, while the other party says it does. In Roman law, a meeting of spirits has been called a consensus ad ditto. In a situation where one or both parties have erred on one aspect of the agreement, there is no consensus. However, this does not always mean that the contract is invalid. A voluntary act, including a trust or scheme, can be rectified if there is sufficient evidence of the donor`s intentions. The recipient can apply. If the settlor disagrees and the application is made during his lifetime, the rectification may be rejected. Through monitoring, FSHC did not transfer the benefit of a HSF shareholder project in accordance with funding requirements. This was discovered in 2016. In order to correct the monitoring and remedy the resulting breach, HSF was advised to adhere to two agreements (IRSAS). Membership agreements (FSHC) are intended to enable the HSF to meet its obligations by ensuring that its shares in the shareholder project are mortgaged as collateral for the financing. However, the effect of FSHC`s membership in the IRSAS has also made FSHC the guarantor of the payment of other companies` debts and the guarantee of this security through the other assets of the parent company.
The request for rectification must be made by a contracting party. Everyone should be involved in the same error, so it would be unacceptable to rely on the defective instrument/document at the expense of the other. The timing of the parties` end with intent is crucial. If the applicant proves that the parties planned something, but the defendant proves that they changed their intent prior to the signing of the document, the correction is not granted (see z.B. Maralinga Pty Ltd/Major Enterprises Pty Ltd (1973) 128 CLR 336). In this case, a request for rectification may be appropriate. After the modern test that has been accepted in Ireland and England, a correction may be ordered, provided there is a common intention to continue with regard to the agreement.