000 01461cab a2200217 4500
001 ABS67889
008 040622n2004 000 0 eng u
035 _a(Sirsi) u126561
100 _aPiggot, A.
245 4 _aThe accidental jurist
260 _c2004
490 _aBuilding
_v269(8337) 18 June 2004, 58-59(2)
520 _aConsiders 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.
590 _aABS
650 _aHURST STORES AND INTERIORS LTD V M L EUROPE PROPERTY LTD
650 _aSTANDARD TERMS
650 _aUNILATERAL MISTAKES
650 _aFINAL PAYMENT
690 _aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
942 _n0
999 _c74435
_d74435