In a lease, the parties had agreed in negotiations that the six year term should be extended to 12 years, but had failed altogether to address the issue of a second rent review.
Held: The court would not manufacture an agreement on that point. The court explained the first criterion for rectification: ‘First, there must be a mistake by the party seeking relief in executing the deed which does not translate that party’s subjective intention at the time of the execution of the deed. I distinguish this from an intention which the party would have formed if either he or she had been properly advised, or had even applied their minds to the problem. In those circumstances it is clear that, from the passages I have already cited, the moment of time at which the subjective intention of the party seeking relief must be determined is at, or immediately before, executing the deed. Thus, no ex post facto intention can be admitted in such circumstances.’
Judges:
Lord Justice Purchas
Citations:
[1988] 2 EGLR 87
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Equity, Contract
Updated: 01 December 2022; Ref: scu.184540