The parties had agreed for the sale of land under an option agreement. The builder purchasers now sought to exercise rights to adjust the price downwards.
Held: The provisions had been intended and had achieved a prompt and binding settlement of the figures. The developer had misconstrued a provision designed to provide only for minor unanticipated costs. Some variations were allowed accordingly.
Coulson J
[2008] EWHC 2379 (TCC)
Bailii
England and Wales
Citing:
Cited – Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’) HL 1976
In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility is not decisive. . .
Cited – A Meredith Jones and Co Ltd v Vangemar Shipping Co Ltd (‘The Apostolis’) CA 11-Jul-2000
The proper construction of a contractual clause must not consider that clause in isolation, but must consider the clause in the context of the contract as a whole. . .
Cited – Mannai Investment Co Ltd v Eagle Star Assurance HL 21-May-1997
Minor Irregularity in Break Notice Not Fatal
Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th . .
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Cited – Martin v David Wilson Homes Ltd CA 28-Jun-2004
The court considered the construction of a restrictive covenant, and was asked whether an indefinite article ‘a private dwellinghouse’ was to be construed as a limitation of number or whether it was to be construed as being as to the manner of use. . .
Cited – Bank of Credit and Commerce International SA v Ali, Khan and others (No 1); BCCI v Ali HL 1-Mar-2001
Cere Needed Releasing Future Claims
A compromise agreement which appeared to claim to settle all outstanding claims between the employee and employer, did not prevent the employee later claiming for stigma losses where, at the time of the agreement, the circumstances which might lead . .
Cited – Westminster City Council v National Asylum Support Service HL 17-Oct-2002
The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker.
Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were . .
Cited – Miller v Emcer Products Ltd CA 20-Dec-1955
An express term in a contract excludes the possibility of implying any term dealing with the same subject-matter as the express term. . .
Cited – Stocznia Gdanska S A v Latvian Shipping Co and Others HL 22-Jan-1998
The parties had contracted to design, build, complete and deliver ships. The contract was rescinded after a part performance.
Held: It remained appropriate for payment to be made for the work already done in the design and construction stages: . .
Cited – Morrell v Studd and Millington 1913
The fact that a date has not been inserted into a deed does not generally affect its validity, which usually takes effect from the date of its delivery. Parol evidence is admissible to show when it was written and from what date it was intended to . .
Cited – The Shackleford CA 2-Jan-1978
The Notice of Readiness was to discharge at the port of Constanza and was required ‘vessel also having been entered at the Customs House and the laydays will then commence on the next business day, whether in berth or not, whether in port or not, . .
Cited – Bremer Handelsgesellschaft v Vanden Avenne-Izegem HL 1978
The House considered a contractual provision which provided for the cancellation of a contract for the sale of soya beans on the happening of various events
Held: Lord Wilberforce said that there were three factors that determined whether a . .
Cited – Lark v Outhwaite 1991
The plaintiff asserted an intention to create legal relations but there was evidence from his agent which unambiguously showed that subjectively he did not have any such intention.
Held: The claim failed. Though the test for whether a promise . .
Cited – Toepfer v Warinco AG 1978
The buyer’s representatives had failed to see that the cargo was coarse-ground meal rather than fine-ground meal. The seller defended pleading waiver, based on this omission.
Held: The defence failed because the buyer’s supervisor had failed . .
Cited – Bottiglieri Di Navigazione Spa v Cosco Qingdao Ocean Shipping Company (The Bunga Saga Lima) ComC 4-Feb-2005
Application for permission to appeal against the decision of an arbitral tribunal and, in particular, a finding that, because the charterers had not insisted on cleaning being done at the first load port, they had lost the right to claim for the . .
Cited – Pearce and High Ltd v Baxter and Another CA 24-Mar-1999
The clause in JCT specifying procedures for claiming against contractors did not oust the employers’ common law rights. An employer failing to give notice under the defects liability clause in time, could still sue under common law for the defect. . .
Cited – London Borough of Merton v Leach 1985
The defendant agreed to construct 287 dwellings for the plaintiff. There were disputes on various matters and an arbitration took place. Eleven issues were appealed.
Held: There was an implied term that the plaintiff would not hinder the . .
Lists of cited by and citing cases may be incomplete.
Land, Contract
Updated: 01 November 2021; Ref: scu.277758
