header-logo header-logo

13 September 2007 / Natalie Johnston
Issue: 7288 / Categories: Features , Property
printer mail-detail

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

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

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
Group claims, disputed costs and judicial recruitment dominate the latest courtroom round-up
Legal professional privilege has checked the SRA’s investigative powers, exposing difficult questions about tackling suspected abusive litigation
Sanctions can derail commercial disputes long before judgment, making early planning essential
Landlords face fresh registration duties as procedural reforms reshape the civil courts
Pressure is mounting for a dedicated UK AI law, but deciding what it should achieve remains the central challenge
back-to-top-scroll