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06 December 2013 / John De Waal KC
Issue: 7587 / Categories: Features , Property
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Moving the goalposts

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John de Waal QC reports on an unsettling decision on the validity of contractual notices

Questions about the interpretation of, service of, or conditions attached to contractual notices have produced a great deal of litigation in recent years, particularly in the context of the operation of break clauses.

What appeared to be clear was the approach that the court should take when considering how to interpret a break clause or a break notice. The first question is whether the clause prescribes as an indispensable condition for its effective exercise that the notice must contain specific information. In such a case, the omission of that information invalidates the notice. As Lord Hoffmann put it in Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] AC 749, if a clause requires an option notice to be given on pink paper it is not validly exercised by giving it on blue paper, no matter how clear the intention to exercise the option may be.

Therefore, a landlord seeking to argue that a

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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