header-logo header-logo

Contract

27 November 2009
Issue: 7395 / Categories: Case law , Law digest
printer mail-detail

Estor Ltd v Multifit (UK) Ltd [2009] All ER (D) 202 (Nov), [2009] EWHC 2565 (TCC)

It was established case law that when construing contractual documents there was a distinction between the factual matrix and pre-contractual negotiations.

The former could and should be taken into account, even where there was a written contract.

The rule that evidence of pre-contractual negotiation could not be used to aid construction did not exclude evidence of what was said or done during the course of negotiations for the purpose of drawing inferences about what the contract meant.

Further, there was a need for an objective approach when ascertaining what the parties meant.

Where it was not clear who the contracting parties were, then it was legitimate for the court to consider what the parties said to one another and what they did in the period leading up to the contract formation in order to determine who the parties were intended to be.

The court might have to construe or infer objectively what reasonable parties would have assumed would be the position based

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
back-to-top-scroll