Clear-cut decisions
Soomal, R
Clear-cut decisions - 2002 - Property Week 67(25) 28 June 2002, 40(1) .
Considers the construction of contracts and illustrates how the application of the general principles of construction can lead to inconsistencies. 'Construction' refers to how a court decides the meaning and legal effect of a contract and should reveal the intention of the parties. Outlines the general principles of construction such as the words in the contract, the context which the contract was formed and that any ambiguity is construed against the party who drafted the contract. Discusses the CA cases "Century 2000 Enterprises v SFI Group plc" and "Spring House Freehold v Mount Cook Land" ([2001] EWCA Civ 1833, [2002] 2 All ER 822) in which the general principles of construction were approved and applied, but the method of application varied resulting in differing interpretations. Concludes that to avoid inconsistences, documents should be as clear and unambigious as possible.
Contracts
AGREEMENTS
CONSTRUCTION OF CONTRACTS
CENTURY 2000 ENTERPRISES V SFI GROUP PLC
SPRING HOUSE FREEHOLD V MOUNT COOK LAND
PLANNING PERMISSION
LEASES
CAR PARKING
Clear-cut decisions - 2002 - Property Week 67(25) 28 June 2002, 40(1) .
Considers the construction of contracts and illustrates how the application of the general principles of construction can lead to inconsistencies. 'Construction' refers to how a court decides the meaning and legal effect of a contract and should reveal the intention of the parties. Outlines the general principles of construction such as the words in the contract, the context which the contract was formed and that any ambiguity is construed against the party who drafted the contract. Discusses the CA cases "Century 2000 Enterprises v SFI Group plc" and "Spring House Freehold v Mount Cook Land" ([2001] EWCA Civ 1833, [2002] 2 All ER 822) in which the general principles of construction were approved and applied, but the method of application varied resulting in differing interpretations. Concludes that to avoid inconsistences, documents should be as clear and unambigious as possible.
Contracts
AGREEMENTS
CONSTRUCTION OF CONTRACTS
CENTURY 2000 ENTERPRISES V SFI GROUP PLC
SPRING HOUSE FREEHOLD V MOUNT COOK LAND
PLANNING PERMISSION
LEASES
CAR PARKING