No dinners for doggies
Series: Building ; 268(8298) 5 September 2003, 49(1)Publication details: 2003Subject(s): Summary: Discusses the case "Aqua Design and Play International Ltd and another v Kier Regional Ltd" ([2002] EWCA Civ 797, X12140) in the context of the "contra proferentum" rule where there is doubt over the meaning of contractual terms. Here, K was appointed to fit out a health and fitness centre, subcontractors were appointed, then H became insolvent. Under K's subcontracts, there was a pay when paid clause but as K made its own amendments to the DOM/1 conditions it announced it wouldn't be paying out to the subcontractors. They however implied that DOM/1 incorporated all the published corrections so the pay when paid clause should be deemed to be deleted. K took the case to CA but the judges took a different view and decided that the "contra proferentum" did not apply here and should not be brought out at the first hint of ambiguity. (See also Abs64856 and Abs64856).| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS67033 (Browse shelf(Opens below)) | 1 | Available | 123827-1001 |
Discusses the case "Aqua Design and Play International Ltd and another v Kier Regional Ltd" ([2002] EWCA Civ 797, X12140) in the context of the "contra proferentum" rule where there is doubt over the meaning of contractual terms. Here, K was appointed to fit out a health and fitness centre, subcontractors were appointed, then H became insolvent. Under K's subcontracts, there was a pay when paid clause but as K made its own amendments to the DOM/1 conditions it announced it wouldn't be paying out to the subcontractors. They however implied that DOM/1 incorporated all the published corrections so the pay when paid clause should be deemed to be deleted. K took the case to CA but the judges took a different view and decided that the "contra proferentum" did not apply here and should not be brought out at the first hint of ambiguity. (See also Abs64856 and Abs64856).