| 000 | 01519cab a2200193 4500 | ||
|---|---|---|---|
| 001 | ##L133570 | ||
| 008 | 060519n2005 000 0 eng u | ||
| 035 | _a(Sirsi) u133570 | ||
| 041 | 0 | _aeng | |
| 245 | 0 | 0 | _aCollette Celine Littman and another v Aspen Oil (Broking) Limited |
| 260 | _c2005 | ||
| 520 | _a[2005] EWCA Civ 1579, 19 December 2005. Appeal from a determination of a preliminary issue in ([2005] EWHC 1369 (Ch), [2005] NPC 88) where a break clause in the lease was worded incorrectly. The lease was amended since it was obvious what the mistake was, and was easily remedied as a matter of construction. On appeal, the tenant submitted that an alternative reasonable drafting error could be hypothesised, so the clause was void for uncertainty. "Held": Appeal dismissed. The four conditions for the rectification of a unilateral mistake were made out, and it did not matter that the result put the parties in a contractual position they had not agreed. The tenant's attempt to take advantage of an obvious drafting error was inequitable. | ||
| 590 | _aIKA230506 | ||
| 650 | 2 | 4 | _aLITTMAN AND ANOTHER V ASPEN OIL (BROKING) LTD |
| 650 | 2 | 4 | _aTHOMAS BATES AND SON LTD V WYNDHAM'S (LINGERIE) LTD |
| 690 | _aPROPERTY-COMMERCIAL PROPERTY-LEASEHOLD COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-BUSINESS TENANCIES-BREACHING BUSINESS TENANCIES | ||
| 856 | 4 | 0 |
_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2005/1579.html _zView the item free of charge at www.bailii.org... |
| 942 | _n0 | ||
| 999 |
_c77087 _d77087 |
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