Construction Law in UK Law

Leading Cases
  • Whitworth Street Estates (Manchester) Ltd v James Miller and Partners Ltd
    • House of Lords
    • 03 March 1970

    I must say that I had thought that it is now well settled that it is not legitimate to use as an aid in the construction of the contract anything which the parties said or did after it was made. Otherwise one might have the result that a contract meant one thing the day it was signed, but by reason of subsequent events meant something different a month or a year later.

  • Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others ; St Martins Property Corporation Ltd and Another v Sir Robert McAlpine Ltd (formerly Sir Robert McAlpine and Sons Ltd)
    • House of Lords
    • 22 July 1993

    In such a case, it seems to me proper, as in the case of the carriage of goods by land, to treat the parties as having entered into the contract on the footing that Corporation would be entitled to enforce contractual rights for the benefit of those who suffered from defective performance but who, under the terms of the contract, could not acquire any right to hold McAlpine liable for breach.

  • Carillion Construction Ltd v Devonport Royal Dockyard Ltd
    • Court of Appeal (Civil Division)
    • 16 November 2005

    It is only too easy in a complex case for a party who is dissatisfied with the decision of an adjudicator to comb through the adjudicator's reasons and identify points upon which to present a challenge under the labels "excess of jurisdiction" or "breach of natural justice". The task of the adjudicator is to find an interim solution which meets the needs of the case. The need to have the "right" answer has been subordinated to the need to have an answer quickly.

  • Davis Contractors Ltd v Fareham Urban District Council
    • House of Lords
    • 19 April 1956

    So perhaps it would be simpler to say at the outset that frustration occurs whenever the law recognises that without default of either party a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would render it a thing radically different from that which was undertaken by the contract.

  • Trentham (G Percy) Ltd v Archital Luxfer Ltd
    • Court of Appeal (Civil Division)
    • 20 July 1992

    The fact that the transaction was performed on both sides will often make it unrealistic to argue that there was no intention to enter into legal relations. It will often make it difficult to submit that the contract is void for vagueness or uncertainty. Specifically, the fact that the transaction is executed makes it easier to imply a term resolving any uncertainty, or, alternatively, it may make it possible to treat a matter not finalised in negotiations as inessential.

  • Gilbert Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd
    • House of Lords
    • 25 July 1973

    But in construing such a contract one starts with the presumption that neither party intends to abandon any remedies for its breach arising by operation of law, and clear express words must be used in order to rebut this presumption.

  • Stocznia Gdanska SA v Latvian Shipping Company and Others
    • House of Lords
    • 26 February 1998

    Considerations such as these lend added weight in this context to the familiar principle of construction that clear words are needed to rebut the presumption that a contracting party does not intend to abandon any remedies for breach of the contract arising by operation of law: see, e.g., Modern Engineering (Bristol) Ltd. v. Gilbert-Ash (Northern) Ltd. [1974] A.C. 689, 717, per Lord Diplock.

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Legislation
  • Charitable Trusts Act 1853
    • UK Non-devolved
    • January 01, 1853
    ... ... XXVII. Where any Land shall be required for the Erection or Construction of any House or Building with or without Garden, Playground, or other Appurtenances, for the Purposes of any Charity, and the Trustees of the Charity ... ...
  • European Union (Withdrawal) Act 2018
    • UK Non-devolved
    • January 01, 2018
    ... ... Economic Community and the European Coal and Steel Community (but see the definition of “the Communities” for provision as to the construction of references to those Communities) .“Euratom Treaty” means the Treaty establishing the European Atomic Energy Community, signed at Rome on 25 ... ...
  • The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009
    • UK Non-devolved
    • January 01, 2009
  • Charities Act 2011
    • UK Non-devolved
    • January 01, 2011
    ... ... (1) This Chapter affects the law of Scotland only in so far as it affects the construction of references to—(a) charities, or(b) charitable purposes,in enactments which relate to matters falling within Section A1 of Part 2 of Schedule 5 ... ...
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