The trend towards fairness and common sense in construing rent review clauses
Dowding, N.
The trend towards fairness and common sense in construing rent review clauses - 1991 - Rent Review & Lease Renewal 11(3) Spring 1991, 227-235(9) .
Rent review clauses are subject to ambiguity and thus interpretation. In several cases of late, there has been new emphasis on fairness and common sense in construing these clauses. Nicholas Dowding analyses the trend to see if there is a shift in legal principle. He concludes there is not. Precision in language is still the goal in drafting rent review clauses, and "the meaning of what parties said, not what the parties meant to say" remains unchallenged as the guideline for interpretation . What the cases discussed illustrate, is a recognition and acceptance of the business principle of common sense in a far wider range of instances than hitherto.
CONSTRUCTION OF CLAUSE
HYPOTHETICAL TERM
RENT REVIEWS
The trend towards fairness and common sense in construing rent review clauses - 1991 - Rent Review & Lease Renewal 11(3) Spring 1991, 227-235(9) .
Rent review clauses are subject to ambiguity and thus interpretation. In several cases of late, there has been new emphasis on fairness and common sense in construing these clauses. Nicholas Dowding analyses the trend to see if there is a shift in legal principle. He concludes there is not. Precision in language is still the goal in drafting rent review clauses, and "the meaning of what parties said, not what the parties meant to say" remains unchallenged as the guideline for interpretation . What the cases discussed illustrate, is a recognition and acceptance of the business principle of common sense in a far wider range of instances than hitherto.
CONSTRUCTION OF CLAUSE
HYPOTHETICAL TERM
RENT REVIEWS