Archive for the 'rectification' Category

Clause does not bar court from correcting contract, rules High Court – OUT-LAW.com

“A mistake in a contract between two companies can be corrected by a court despite the contract containing a clause stating that only the contents of the contract should govern the disputed deal.”

Full story

OUT-LAW.com, 16th July 2010

Source: www.out-law.com

Baxter v Mannion – WLR Daily

Baxter v Mannion [2010] EWHC 573 (Ch); [2010] WLR (D) 82

“There was no good reason to confine the jurisdiction of the registrar under para 5(a) of Sch 4 to the Land Registration Act 2002 to the correction of procedural mistakes. If any statutory condition which was a prerequisite for registration was shown not to have been satisfied, there was a mistake in the register which the registrar had power to correct.”

WLR Daily, 19th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Chartbrook Ltd and another v Persimmon Homes Ltd and another – WLR Daily

Chartbrook Ltd and another v Persimmon Homes Ltd and another [2009] UKHL 38; [2009] WLR (D) 223

“The admission of pre-contractual negotiations as an aid to the construction of a contract would create uncertainty of outcome in disputes over interpretation and would add to the cost of advice and litigation. The law of contract was designed to enforce promises with a high degree of predictability and if conventional meanings and syntax were to be displaced by inferences drawn from pre-contractual negotiations, the less predictable the outcome was likely to be. The availability of the remedies of rectification and estoppel by convention were safeguards which would in most cases prevent any injustice caused by the exclusion of that evidence.”

WLR Daily, 1st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Chartbrook Ltd and Another v Persimmon Homes Ltd and Another – Times Law Reports

Chartbrook Ltd and Another v Persimmon Homes Ltd and Another

House of Lords

“There were no grounds for the House of Lords to depart from the long standing rule that excluded evidence of what was said or done during the course of negotiating a contract for the purpose of drawing inferences about what the contract meant.”

The Times, 2nd July 2009

Source: www.timesonline.co.uk


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