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 was of little assistance. The parking spaces were included wihin the leases, and were part of what was sold. They were not to be deducted as incentives for the calculation.
Judges:
Mr John McDonnell QC
Citations:
Gazette 22-Jun-2003
Jurisdiction:
England and Wales
Citing:
Appealed to – Bride Hall Estates Limited, Openboard Limited v St George North London Limited CA 18-Feb-2004
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. . .
Cited by:
Appeal from – Bride Hall Estates Limited, Openboard Limited v St George North London Limited CA 18-Feb-2004
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. . .
Lists of cited by and citing cases may be incomplete.
Construction, Contract
Updated: 27 June 2022; Ref: scu.183800
