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