The devil really is in the detail
Series: New Law Journal ; 155(7167) 11 March 2005, 350-351(2)Publication details: 2005Subject(s): Online resources: Summary: Examines the implications of "George Wimpey UK Ltd v VI Construction Ltd" ([2005] EWHC Civ 77, Times 16 February 2005) in respect of rectification of contracts and the inference of honesty. Claimant developer (W) had entered into a contract with the defendant land vendor (VI), which included an overage payment condition. Both parties agreed that the overage payment formula would need increasing as the development was enhanced. VI's new overage formula omitted the value of the enhancements. W failed to notice this when signing the contract and sought contract rectification in the HC. The HC ruled that VI had crossed the line from legitimate negotiation into the area of unfair dealing by failing to draw W's attention to the elimination of the enhancements. VI successfully appealed with the CA deciding that dishonesty must be pleaded in full and put to the person who was alleged to be dishonest. CA held that the requirements for rectification for unilateral mistake were not met. View the appeal case at www.bailii.org.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS68790 (Browse shelf(Opens below)) | 1 | Available | 129216-1001 |
Examines the implications of "George Wimpey UK Ltd v VI Construction Ltd" ([2005] EWHC Civ 77, Times 16 February 2005) in respect of rectification of contracts and the inference of honesty. Claimant developer (W) had entered into a contract with the defendant land vendor (VI), which included an overage payment condition. Both parties agreed that the overage payment formula would need increasing as the development was enhanced. VI's new overage formula omitted the value of the enhancements. W failed to notice this when signing the contract and sought contract rectification in the HC. The HC ruled that VI had crossed the line from legitimate negotiation into the area of unfair dealing by failing to draw W's attention to the elimination of the enhancements. VI successfully appealed with the CA deciding that dishonesty must be pleaded in full and put to the person who was alleged to be dishonest. CA held that the requirements for rectification for unilateral mistake were not met. View the appeal case at www.bailii.org.