The trend towards fairness and common sense in construing rent review clauses
Language: English Series: Rent Review & Lease Renewal ; 11(3) Spring 1991, 227-235(9)Publication details: 1991Subject(s): Summary: Rent review clauses are subject to ambiguity and thus interpretation. In several cases of late, there has been new emphasis on fairness and common sense in construing these clauses. Nicholas Dowding analyses the trend to see if there is a shift in legal principle. He concludes there is not. Precision in language is still the goal in drafting rent review clauses, and "the meaning of what parties said, not what the parties meant to say" remains unchallenged as the guideline for interpretation . What the cases discussed illustrate, is a recognition and acceptance of the business principle of common sense in a far wider range of instances than hitherto.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS44551 (Browse shelf(Opens below)) | 1 | Available | 47761-1001 |
Rent review clauses are subject to ambiguity and thus interpretation. In several cases of late, there has been new emphasis on fairness and common sense in construing these clauses. Nicholas Dowding analyses the trend to see if there is a shift in legal principle. He concludes there is not. Precision in language is still the goal in drafting rent review clauses, and "the meaning of what parties said, not what the parties meant to say" remains unchallenged as the guideline for interpretation . What the cases discussed illustrate, is a recognition and acceptance of the business principle of common sense in a far wider range of instances than hitherto.