No dinners for doggies
Parisotti, M.
No dinners for doggies - 2003 - Building 268(8298) 5 September 2003, 49(1) .
Discusses the case "Aqua Design and Play International Ltd and another v Kier Regional Ltd" ([2002] EWCA Civ 797, X12140) in the context of the "contra proferentum" rule where there is doubt over the meaning of contractual terms. Here, K was appointed to fit out a health and fitness centre, subcontractors were appointed, then H became insolvent. Under K's subcontracts, there was a pay when paid clause but as K made its own amendments to the DOM/1 conditions it announced it wouldn't be paying out to the subcontractors. They however implied that DOM/1 incorporated all the published corrections so the pay when paid clause should be deemed to be deleted. K took the case to CA but the judges took a different view and decided that the "contra proferentum" did not apply here and should not be brought out at the first hint of ambiguity. (See also Abs64856 and Abs64856).
CONTRA PROFERENTUM
AQUA DESIGN AND PLAY INTERNATIONAL LTD AND ANOTHER V KIER REGIONAL LTD
DOM/1
CONTRACTUAL TERMS
No dinners for doggies - 2003 - Building 268(8298) 5 September 2003, 49(1) .
Discusses the case "Aqua Design and Play International Ltd and another v Kier Regional Ltd" ([2002] EWCA Civ 797, X12140) in the context of the "contra proferentum" rule where there is doubt over the meaning of contractual terms. Here, K was appointed to fit out a health and fitness centre, subcontractors were appointed, then H became insolvent. Under K's subcontracts, there was a pay when paid clause but as K made its own amendments to the DOM/1 conditions it announced it wouldn't be paying out to the subcontractors. They however implied that DOM/1 incorporated all the published corrections so the pay when paid clause should be deemed to be deleted. K took the case to CA but the judges took a different view and decided that the "contra proferentum" did not apply here and should not be brought out at the first hint of ambiguity. (See also Abs64856 and Abs64856).
CONTRA PROFERENTUM
AQUA DESIGN AND PLAY INTERNATIONAL LTD AND ANOTHER V KIER REGIONAL LTD
DOM/1
CONTRACTUAL TERMS