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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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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