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13 September 2007 / Natalie Johnston
Issue: 7288 / Categories: Features , Property
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Say what you mean

Natalie Johnston considers whether a party can rely upon pre-contractual statements in lease negotiations to create a contractual obligation

Parties who are negotiating a contract want the written terms to represent the full agreement between the parties and they do not want their “subject to contract” negotiations to burden them with a contractual obligation. The issues of collateral contract, estoppel and contractual waiver undermine a party’s ability to say that all the terms of an agreement are set out within the body of the written agreement.

However, in property transactions certainty is essential so that parties are able to ascertain their legal rights and obligations from the documents and the relevant legal registers. Business Environment Bow Lane Ltd v Deanwater Estates Ltd [2007] EWCA Civ 622, [2007] All ER (D) 317 (Jun) reinforces the need for certainty but the possibility of pre-contractual negotiations creating a contractual obligation still exists, even in negotiations for a lease. This is a cautionary tale for those negotiating contracts, including contracts relating to interests in land.

LEASE NEGOTIATIONS

The

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NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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