The accidental jurist
Piggot, A.
The accidental jurist - 2004 - Building 269(8337) 18 June 2004, 58-59(2) .
Considers the implications of the case, "Hurst Stores and Interiors Limited v ML Europe Property Limited" ([2004] EWCA Civ 490, [2004] BLR 249-259(11). This was concerned with the extent to which the party that made a mistake in entering an agreement can avoid the consequences. Hurst and ML had been agreeing an interim statement of accounts and Hurst's project manager signed a document relating to the amount set out for CMI's 1 to 399. Hurst then argued that he had been misinformed before signing the documents. The trial judge ruled in favour of Hurst and that the construction manager of ML had wilfully shut his eyes to the risk that Hurst would not notice the newly introduced words. The judgment was upheld by the CA. Argues that this could have adverse consequences for other projects where one side is trying to avoid the enforcement of onerous standard terms.
HURST STORES AND INTERIORS LTD V M L EUROPE PROPERTY LTD
STANDARD TERMS
UNILATERAL MISTAKES
FINAL PAYMENT
The accidental jurist - 2004 - Building 269(8337) 18 June 2004, 58-59(2) .
Considers the implications of the case, "Hurst Stores and Interiors Limited v ML Europe Property Limited" ([2004] EWCA Civ 490, [2004] BLR 249-259(11). This was concerned with the extent to which the party that made a mistake in entering an agreement can avoid the consequences. Hurst and ML had been agreeing an interim statement of accounts and Hurst's project manager signed a document relating to the amount set out for CMI's 1 to 399. Hurst then argued that he had been misinformed before signing the documents. The trial judge ruled in favour of Hurst and that the construction manager of ML had wilfully shut his eyes to the risk that Hurst would not notice the newly introduced words. The judgment was upheld by the CA. Argues that this could have adverse consequences for other projects where one side is trying to avoid the enforcement of onerous standard terms.
HURST STORES AND INTERIORS LTD V M L EUROPE PROPERTY LTD
STANDARD TERMS
UNILATERAL MISTAKES
FINAL PAYMENT