When a contract is to be construed purposively, the court must look to the purposes of both parties, not just one of them. No apportionment was to be applied under the 1945 Act: ‘Similarly, we think that the facts and circumstances of the present case are such that it can and should be easily distinguished from those in [the Tennant case]. We merely add respectfully our view that the scope and extent of this last mentioned case would have to be a matter of substantial argument if the principle there applied were to arise for consideration in another case.’
May, Ralph Gibson and Bingham LJJ
[1990] 1 QB 818
Law Reform (Contributory Negligence) Act 1945
England and Wales
Citing:
Doubted – Tennant Radiant Heat Ltd v Warrington Development Corporation 1988
A property comprised a large building let on fully repairing leases of 22 units. The many rain outlets were allowed to become blocked, and water accumulated above one unit before that part of the roof collapsed. The landlord appealed a finding that . .
Cited by:
Cited – Spring House (Freehold) Ltd v Mount Cook Land Ltd CA 12-Dec-2001
A lease provided against the tenant leaving his goods outside the premises, and the landlords objected to motor vehicles being parked there.
Held: The words had to be interpreted in the light of the intentions of the parties at the time. Motor . .
Appeal from – Bank of Nova Scotia v Hellenic Mutual War Risks Association (Bermuda) Ltd (The Good Luck) HL 1992
The effect of breach of an insurance warranty is automatic, rather than dependant on any acceptance or election.
Lord Goff of Chieveley said: ‘So it is laid down in section 33(3) that, subject to any express provision in the policy, the insurer . .
Lists of cited by and citing cases may be incomplete.
Contract, Damages
Updated: 23 November 2021; Ref: scu.184139