In the case of TNR vs McEwan, I say McEwan wants it both ways: McEwan doesn't want the court to use rectification claiming a deal is a deal. Although the Letter of Intent says one thing, McEwan says: we agreed to another, that is signed sealed and delivered. Forget there was a Letter of Intent. What is written counts.

 

Then McEwen says: although its not written, Escorpio IV is in the deal...although every property in the deal was itemized, McEwan wants Escorpio IV added to their option...I guess you could use the term rectification here too.

 

So if rectification is raised, TNR gets it all. if rectification is not allowed. Escorpio IV is still the property of TNR. First position is best. Second position still sounds like $100 million to me.