Oun v Ahmad (Record no. 80190)

MARC details
000 -LEADER
fixed length control field 01879cad a22002295a 4500
001 - CONTROL NUMBER
control field L143460
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 080513e20080319xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u143460
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Oun v Ahmad
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2008
520 ## - SUMMARY, ETC.
Summary, etc. [2008] EWHC 545 (Ch), 19 March 2008. Considers whether legal rectification is available where parties have executed a document and then discovered a mistake as to the legal consequences of the document. The appellant (O) had agreed to sell the lease of a mixed use property to the respondent (X). An agreement was drawn up, but following additional concerns raised by X a second contract was created relating to a further sum to be paid on completion for the trading stock. There was disagreement regarding the completion of the contracts. O applied for a unilateral notice of title and X objected. O appealed against the adjudicator's decision that no common mistake was represented and that rectification was unavailable. "Held": For there to be a binding contract of sale, the written agreement would have to represent the full intentions of both parties. If this was not the case then prima facie there was no binding contract. An express agreement to omit terms meant that rectification to the contract was not available, as the contract as drawn up was not in error. Therefore O was not in possession of a binding agreement and rectification was unavailable. Appeal dismissed.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element OUN V AHMAD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989 S2
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element WILLS V GIBBS
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ALLNUTT V WILDING
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-ACQUISITION AND DISPOSAL OF PROPERTY
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/Ch/2008/545.html">https://www.bailii.org/ew/cases/EWHC/Ch/2008/545.html</a>
Public note View the judgment 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 13/05/2008   ONLINE PUBLICATION 143460-1001 06/08/2019 1 06/08/2019 Law report