Construction Contracts in UK Law

Leading Cases
  • Rainy Sky SA and Others v Kookmin Bank
    • Court of Appeal (Civil Division)
    • 27 Mayo 2010

    It defies commercial common sense to think that this, among all other such obligations, was the only one which the parties intended should not be secured. Had the parties intended this surprising result I would have expected the contracts and the bonds to have spelt this out clearly but they do not do so.

    Unless the most natural meaning of the words produces a result which is so extreme as to suggest that it was unintended, the Court has no alternative but to give effect it its terms. To do otherwise would be to risk imposing obligations on one or other party which they were never willing to assume and in circumstances which amount to no more than guesswork on the part on the Court.

  • Jeynes v News Magazines Ltd and Another
    • Court of Appeal (Civil Division)
    • 31 Enero 2008

    (2) The hypothetical reasonable reader is not naïve but he is not unduly suspicious. He can read in an implication more readily than a lawyer and may indulge in a certain amount of loose thinking but he must be treated as being a man who is not avid for scandal and someone who does not, and should not, select one bad meaning where other non-defamatory meanings are available. (6) The hypothetical reader is taken to be representative of those who would read the publication in question.

  • Trade Indemnity Company Ltd v Workington Harbour and Dock Board
    • House of Lords
    • 11 Febrero 1936

  • Rainy Sky SA and Others v Kookmin Bank
    • Supreme Court
    • 02 Noviembre 2011

    If there are two possible constructions, the court is entitled to prefer the construction which is consistent with business common sense and to reject the other.

  • Trollope & Colls Ltd v North West Metropolitan Regional Hospital Board
    • House of Lords
    • 10 Abril 1973

    An unexpressed term can be implied if and only if the Court finds that the parties must have intended that term to form part of their contract: it is not enough for the Court to find that such a term would have been adopted by the parties as reasonable men if it had been suggested to them: it must have been a term that went without saying, a term necessary to give business efficacy to the contract, a term which, though tacit, formed part of the contract which the parties made for themselves.

  • RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Company KG
    • Supreme Court
    • 21 Julio 2010

    Whether there is a binding contract between the parties and, if so, upon what terms depends upon what they have agreed. It depends not upon their subjective state of mind, but upon a consideration of what was communicated between them by words or conduct, and whether that leads objectively to a conclusion that they intended to create legal relations and had agreed upon all the terms which they regarded or the law requires as essential for the formation of legally binding relations.

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Books & Journal Articles
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Law Firm Commentaries
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Forms
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    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
    ... ...  general commercial contracts and arrangements, including agency ...  agreements ... ...  shipping - charter party dispute ...  shipping - construction, ...  shipping - financing ...  shipping – cargo ... ... ...
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