Anglo-Continental educational Group (GB) Ltd v Capital Homes (Southern) Ltd (Record no. 81466)

MARC details
000 -LEADER
fixed length control field 01947cab a22001815a 4500
001 - CONTROL NUMBER
control field L147277
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 090424e20090317xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u147277
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Anglo-Continental educational Group (GB) Ltd v Capital Homes (Southern) Ltd
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2009
520 ## - SUMMARY, ETC.
Summary, etc. [2009] EWCA Civ 218, 17 March 2009. The Court should try to make sense and give effect to badly drafted agreements, and the Court can impose its own interpretation when it disagrees with the arguments and interpretation put forward by both parties. The appellant seller (X) appealed, and the respondent buyer (C) cross-appealed, against a decision (see L144544) declining to declare the meaning of an agreement for the sale of property which left both parties in limbo. The dispute arose around the meaning of a contractual provision about the calculation of a purchase price for the sale of property. Both parties sought a declaration in the terms it put forward. Held: appeal dismissed, cross-appeal dismissed. The agreement was not well drafted, but the Court applied the principle that it should try to find an interpretation which the parties are likely to have contemplated and which makes the agreement enforceable, rather than void due to uncertainty. The Court considered that the appropriate discount would be based on what the extent of the development was at the time of completion and the amount payable to allow the proposed development to go ahead. Given that C had obtained planning permission for nine flats, the discount would be based on a nine flat development. It was left to the parties to agree the amount of this discount.
590 ## - LOCAL NOTE (RLIN)
Local note KA
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-RESIDENTIAL PROPERTY-RESIDENTIAL PROPERTY DEVELOPMENT
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2009/218.html/">https://www.bailii.org/ew/cases/EWCA/Civ/2009/218.html/</a>
Public note View the case 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 24/04/2009   ONLINE PUBLICATION 147277-1001 06/08/2019 1 06/08/2019 Law report