There was a description of a property as ‘the property known as plot number 1’.
Held: Peter Gibson LJ said that such a description cried aloud for evidence of the surrounding circumstances.
Lord Justice Peter Gibson
(1981) 44 P and CR 36
Dictum Approved – Targett and Targett v Ferguson and Diver 1996
The common intention of the parties to a contract is to be construed objectively. The objective test to be satisfied is, what would the reasonable layman think he was buying? . .
Cited – Rogers and Another v Freeguard and Another CA 19-Oct-1998
The parties had drawn up and executed an option agreement. When a court considered an option to purchase ‘land known as . .’, it was able to consider extrinsic evidence to establish just what was included where the identification in the deed was . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 April 2022; Ref: scu.197729