header-logo header-logo

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

Contract

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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll