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Clear-cut decisions

By: Series: Property Week ; 67(25) 28 June 2002, 40(1)Publication details: 2002Subject(s): Summary: Considers the construction of contracts and illustrates how the application of the general principles of construction can lead to inconsistencies. 'Construction' refers to how a court decides the meaning and legal effect of a contract and should reveal the intention of the parties. Outlines the general principles of construction such as the words in the contract, the context which the contract was formed and that any ambiguity is construed against the party who drafted the contract. Discusses the CA cases "Century 2000 Enterprises v SFI Group plc" and "Spring House Freehold v Mount Cook Land" ([2001] EWCA Civ 1833, [2002] 2 All ER 822) in which the general principles of construction were approved and applied, but the method of application varied resulting in differing interpretations. Concludes that to avoid inconsistences, documents should be as clear and unambigious as possible.
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Journal article London Journal article ABS65754 (Browse shelf(Opens below)) 1 Available 118941-1001

Considers the construction of contracts and illustrates how the application of the general principles of construction can lead to inconsistencies. 'Construction' refers to how a court decides the meaning and legal effect of a contract and should reveal the intention of the parties. Outlines the general principles of construction such as the words in the contract, the context which the contract was formed and that any ambiguity is construed against the party who drafted the contract. Discusses the CA cases "Century 2000 Enterprises v SFI Group plc" and "Spring House Freehold v Mount Cook Land" ([2001] EWCA Civ 1833, [2002] 2 All ER 822) in which the general principles of construction were approved and applied, but the method of application varied resulting in differing interpretations. Concludes that to avoid inconsistences, documents should be as clear and unambigious as possible.