The terms expressly agreed by the parties provided for the grant of a lease and the sale of the contents of the property. There was a single agreement for the lease and the contents. The written document did not incorporate the terms as to the sale of the contents and so did not comply with section 2.
Held: Rectification of the written document was ordered so as to include the terms as to the sale of the contents, with the result that the written document as rectified did comply with section 2. Dillon LJ remarked that the availability of rectification in that case was ‘obvious’ and ‘straightforward’.
Judges:
Dillon LJ, Henry LJ
Citations:
Unreported, 23 March 1994
Statutes:
Law of Property (Miscellaneous Provisions) Act 1989 2
Jurisdiction:
England and Wales
Cited by:
Cited – Oun v Ahmad ChD 19-Mar-2008
The parties agreed in writing for the sale of leasehold property to the claimant. One document had been signed, but later one said that it had not included an aportionment. Another document then set out the apportionment. When the defendant refused . .
Lists of cited by and citing cases may be incomplete.
Contract, Equity, Land
Updated: 18 June 2022; Ref: scu.266513