M/s. R.K. Associates V. Channapa and Others[1] Facts In this case, Clause 13 of the deed stated that the plaintiff was at liberty to sue for specific performance or for damages or for any other reliefs that may be available to them. Clause 14, however, allowed any disputes or differences, between the parties arising out…
Citation: 2008(5)BomCR196 Facts On 20th July 2003, the Petitioner invited tenders for the construction of 1648 tenements for the rehabilitation of project affected households. This was a World Bank Project. The work was to be carried out in two phases. The two phase programme of work was to be in accordance with the availability of vacant…
Conditions for using ‘Implied Terms’ for Interpretation Lord Simon in BP Refinery (Westernport) Pty Ltd vs. The Shire of Hastings [1978] 52 AJLR 20 held that- “…for a term to be implied, the following conditions (which may overlap) must be satisfied: it must be reasonable and equitable; it must be necessary to give business efficacy to the…
Antecedent Agreements A concluded antecedent agreement may be relied upon in interpreting a later contract in pursuance of that agreement. However, an antecedent agreement may be considered only on the basis of its particular facts and circumstances. Pre-Contractual Documents/Draft Agreements A concluded contract may be preceded by multiple drafts. Draft agreements may even be signed. Draft…
Find out if the words you delete from a contract has any interpretative value before the Court when such terms are is dispute.
Learn the rules for interpretation of contracts in this series. This is the first part to be followed by two other posts.
Five Principles for Interpretation of Contracts Facts There was a contract between a Norwegian and a German company for supply of 200 tonnes of haaksjoringskod. This substance could mean shark meat or whale meat. When the German company entered into the contract, the German company intended to import whale meat. However, the Norwegian company thought…
ENTIRE AGREEMENT CLAUSE CITATION: [2006] EWCA Civ 69 FACTS Two English companies entered into a contract whereby one party, an employment agency (“the Agency”), undertook to supply labor personnel and cleaning equipment to the other party (“the Customer”) for a fixed period of time. The written contract contained a clause stating that during the period of…
ENTIRE AGREEMENT CLAUSE CITATION: [2000] 2 Lloyds Rep 611 FACTS The parties to a lease of a tied public house entered into an agreement for a lease containing a restriction requiring the tenant to obtain its beer from nominated suppliers. The agreement for lease contained an acknowledgement that ‘this agreement… constitutes the entire agreement between the…
CITATION: [1895] 2 QB 366 FACTS Plaintiff shipped on the defendant’s ship an estimated quantity of wheat from Rotherhithe in the port of London to Gosport in Portsmouth. The words, “full and complete” which preceded the word “cargo” in the printed form of charterparty had been struck out. The charterparty contained the usual exception of…