KPMG LLP V Network Rail Infrastructure Limited[electronic resource] (Record no. 78815)

MARC details
000 -LEADER
fixed length control field 01937cad a22002055a 4500
001 - CONTROL NUMBER
control field L138205
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 070522s2007 xxk f w 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u138205
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title KPMG LLP V Network Rail Infrastructure Limited[electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2007
520 ## - SUMMARY, ETC.
Summary, etc. [2007] EWCA Civ 363, 27 April 2007. Considers whether a clause omitted in error from a tenancy can be supplied by the court to restore the original and intended meaning of the contract. K appealed against the decision that N was entitled to correct a break clause in the lease. A number of words contained in parentheses had been mistakenly left out of the final draft, which had been intended to confer further restriction upon K's right to break the lease. The restriction was that a rent increase must have taken place. "Held": N's claim to correction of the clause should not have been granted. N?s alternative submission that modification of the contract to reflect only those clauses which were identical in the draft and the final tenancy could not be accepted. However the mistake in the final contract was not binding. The erroneous clause would have provided K with two further opportunities to break the lease. It was implausible to suggest such conditions would be drafted this way. The parenthesised was intended only as explanation. Reading of the lease confirms this. Comparison with the draught renders the error unmistakeable. The spirit of the agreement should be used. Appeal dismissed.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element KPMG LLP V NETWORK RAIL INFRASTRUCTURE LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOMBURG HOUTIMPORT BV V AGROSIN PRIVATE LTD (THE STARSIN)
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-COMMERCIAL LEASES
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2007/363.html">https://www.bailii.org/ew/cases/EWCA/Civ/2007/363.html</a>
Public note View the article free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 22/05/2007   ONLINE PUBLICATION 138205-1001 06/08/2019 1 06/08/2019 Journal article