Hart J said: A particular intention may, as it seems to me, as a matter of the general nature of human discourse, be communicated by one party to another without express words necessarily being used. It may therefore sometimes be possible for the court to conclude that there has been sufficient outward evidence of the accord of the parties’ intentions in relation to a particular term of their bargain without either party having actually spelled out to the other that term in so many words. It may be, like an implied term in a contract, something which, in the context of the particular discourse, is so obvious that it need not be stated.’ and ‘But, for myself, I do not think that that can be right. There are many occasions in ordinary human exchange in which something can be implied and, without being expressly stated, perfectly understood by the other party . . ‘
Judges:
Hart J
Citations:
[2002] EWHC 1407 (Ch)
Jurisdiction:
England and Wales
Cited by:
Appeal from – JIS (1974) Ltd v MCP Investment Nominees I Ltd CA 9-Apr-2003
The parties agreed for a lease to be granted of a new building. Part had been intended to be excluded for shops, but permission was not obtained, the shops area was included and leased back. When the tenants sought to determine the lease, the . .
Cited – FSHC Group Holdings Ltd v Glas Trust Corporation Ltd CA 31-Jul-2019
Rectification – Chartbrook not followed
Opportunity for an appellate court to clarify the correct test to apply in deciding whether the written terms of a contract may be rectified because of a common mistake.
Held: The appeal failed. The judge was right to conclude that an . .
Lists of cited by and citing cases may be incomplete.
Equity, Landlord and Tenant
Updated: 17 July 2022; Ref: scu.640343