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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
back-to-top-scroll