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CONTRACT: The letter of the law

04 April 2017  

In a question of construction the court will give precedence to the strict meaning of the contract. Ed Socha and Sarah Mitchell explain

The recent case of Dooba Developments Ltd v McLagan Investments Ltd [2016] has highlighted that, provided the meaning of words in a contract are clear and unambiguous, common sense and the intention of the parties are essentially irrelevant. The use of inconsistent terms and the incorrect use of words may result in the court interpreting a contract differently to how the parties intended.

Additional Info

  • Case(s) Referenced:

    Arnold v Britton & ors [2015] UKSC 36

    Dooba Developments Ltd v McLagan Investments Ltd [2016] EWHC 2944 (Ch)

    R (Denfleet International Ltd) v NHS Purchasing and Supply Agency [2005] EWHC 55 (Admin)