When asked to interpret a contract with apparently conflicting provisions, the duty of the court is ‘to reconcile seemingly inconsistent provisions if that result can conscientiously and fairly be achieved’.
Judges:
Steyn J
Citations:
[1987] 1 All ER 81, [1986] 2 Lloyd’s Rep 646
Cited by:
Appeal from – Pagnan SpA v Tradax Ocean Transportation S.A. CA 2-Jan-1987
When looking at different clauses in a contract, there would obviously be an inconsistency if two clauses cannot ‘sensibly’ be read together. . .
Cited – Taylor v Rive Droite Music Ltd ChD 6-Jul-2004
The claimant music producer and songwriter had entered into a publishers agreement with the defendant, agreeing to work for it. He now sought to be free to work for another company. The factual background was unclear, and the contract documentation . .
Cited – Societe Generale, London Branch v Geys SC 19-Dec-2012
The claimant’s employment by the bank had been terminated. The parties disputed the sums due, and the date of the termination of the contract. The court was asked ‘Does a repudiation of a contract of employment by the employer which takes the form . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 30 April 2022; Ref: scu.211392