Inadmissable evidence
Henchie, Nick
Inadmissable evidence - 2006 - Building 270(8413) 13 January 2006, 54(1) .
Considers the situation where either the inability of parties to a contract to express unambiguously the bargain that they have reached, or to inadvertently incorporate terms that contradict the deal, by using a standard form of contract, often leads to disputes, particularly over design responsibility. As English law prevents parties from referring to pre-contract discussions and negotiations to aid interpretation, this can lead to a contract being interpreted in a way that does not give effect to the true intentions of the parties.
EMCOR DRAKE AND SCULL LTD V EDINBURGH ROYAL JOINT VENTURE AND OTHERS
Inadmissable evidence - 2006 - Building 270(8413) 13 January 2006, 54(1) .
Considers the situation where either the inability of parties to a contract to express unambiguously the bargain that they have reached, or to inadvertently incorporate terms that contradict the deal, by using a standard form of contract, often leads to disputes, particularly over design responsibility. As English law prevents parties from referring to pre-contract discussions and negotiations to aid interpretation, this can lead to a contract being interpreted in a way that does not give effect to the true intentions of the parties.
EMCOR DRAKE AND SCULL LTD V EDINBURGH ROYAL JOINT VENTURE AND OTHERS