000 01286cab a2200229 4500
001 ABS44551
008 090401t1991 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u47761
041 _aeng
100 _aDowding, N.
245 4 _aThe trend towards fairness and common sense in construing rent review clauses
260 _c1991
350 _a0
490 _aRent Review & Lease Renewal
_v11(3) Spring 1991, 227-235(9)
520 _aRent 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.
650 _aCONSTRUCTION OF CLAUSE
650 _aHYPOTHETICAL TERM
650 _aRENT REVIEWS
690 _aLANDLORD AND TENANT-RENT REVIEWS
942 _n0
948 _c04/03/1997
999 _c30087
_d30087