The accidental jurist
Series: Building ; 269(8337) 18 June 2004, 58-59(2)Publication details: 2004Subject(s): Summary: Considers the implications of the case, "Hurst Stores and Interiors Limited v ML Europe Property Limited" ([2004] EWCA Civ 490, [2004] BLR 249-259(11). This was concerned with the extent to which the party that made a mistake in entering an agreement can avoid the consequences. Hurst and ML had been agreeing an interim statement of accounts and Hurst's project manager signed a document relating to the amount set out for CMI's 1 to 399. Hurst then argued that he had been misinformed before signing the documents. The trial judge ruled in favour of Hurst and that the construction manager of ML had wilfully shut his eyes to the risk that Hurst would not notice the newly introduced words. The judgment was upheld by the CA. Argues that this could have adverse consequences for other projects where one side is trying to avoid the enforcement of onerous standard terms.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS67889 (Browse shelf(Opens below)) | 1 | Available | 126561-1001 |
Considers the implications of the case, "Hurst Stores and Interiors Limited v ML Europe Property Limited" ([2004] EWCA Civ 490, [2004] BLR 249-259(11). This was concerned with the extent to which the party that made a mistake in entering an agreement can avoid the consequences. Hurst and ML had been agreeing an interim statement of accounts and Hurst's project manager signed a document relating to the amount set out for CMI's 1 to 399. Hurst then argued that he had been misinformed before signing the documents. The trial judge ruled in favour of Hurst and that the construction manager of ML had wilfully shut his eyes to the risk that Hurst would not notice the newly introduced words. The judgment was upheld by the CA. Argues that this could have adverse consequences for other projects where one side is trying to avoid the enforcement of onerous standard terms.