The claimants appealed against rejection of their claim that an agreement entitled them to take a 35 years lease of the defendants. The contract had depended on complex conditions as to planning consents.
Held: The appeal failed: ‘Ultimately, it is a question of deciding what the contract says, construed in its commercial context but without speculation about the parties’ unexpressed hopes and motives.’
Judges:
Auld, Ward, Robert Walker LJJ
Citations:
[2001] EWCA Civ 1986
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Cited – Torvald Klaveness A/S v Arni Maritime Corporation (The Gregos) HL 28-Oct-1994
In a continuing charter when it was clear that the time of the charter will be exceeded, the contract allows an action for an anticipatory breach. Any new redelivery order was to be obtained after after it first became impossible to meet the charter . .
Lists of cited by and citing cases may be incomplete.
Contract, Landlord and Tenant
Updated: 27 June 2022; Ref: scu.218602
