A contract contained an overage clause which would come into effect according to whether car parking spaces were included when calculatiing the average values.
Held: The contracts indicated that the parking spaces were to be included. Reference to ‘net internal area’ within the document at one point indicated that the parking spaces were to be included in other parts of the document.
Judges:
Lord Justice Keene Lord Justice Kay Lord Justice Carnwath
Citations:
[2004] EWCA Civ 141, Times 04-Mar-2004
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Bride Hall Estates Ltd and another v St George North London Ltd ChD 30-Apr-2003
Land was sold with an overage clause, requiring further payments after deduction of incentives. The parties disputed whether car parking facilities given to the purchasers were incentives, or part of the consideration.
Held: The clause itself . .
Cited by:
Appealed to – Bride Hall Estates Ltd and another v St George North London Ltd ChD 30-Apr-2003
Land was sold with an overage clause, requiring further payments after deduction of incentives. The parties disputed whether car parking facilities given to the purchasers were incentives, or part of the consideration.
Held: The clause itself . .
Lists of cited by and citing cases may be incomplete.
Contract, Land
Updated: 11 September 2022; Ref: scu.193922
