In AMJ Campbell v. Kord Products Inc., a comma was inserted into the contract with the effect that both "freight" and "rebates" would be deducted from the sale price, rather than simply "freight rebates." This resulted in a difference of price amounting to $759,000. What was the result?

A) The Court denied a request for rectification because a Court will not rectify a contract that is in writing.
B) The Court denied a request for rectification because it was not clear both parties had the same intention.
C) The Court denied a request for rectification because the appropriate remedy was rescission.
D) The Court allowed the request for rectification because the price difference was significant.
E) The Court allowed the request for rectification because one party had obviously made a mistake.

Question

Florizet Romero · Accepted Answer

Final Answer : B, Explanation :  The Court denied the request for rectification because it was not clear both parties had the same intention. Rectification is granted when there's evidence that both parties had a common intention that was not reflected in the written contract due to a mistake.

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