Mumbai Metropolitan Region Development Authority vs. Unity Infraproject Ltd.

Citation: 2008(5)BomCR196 Facts On 20th July 2003, the Petitioner invited tenders for the construction of 1648 tenements for the rehabilitation of project affected households. This was a World Bank Project. The work was to be carried out in two phases. The two phase programme of work was to be in accordance with the availability of vacant… Read More Mumbai Metropolitan Region Development Authority vs. Unity Infraproject Ltd.

Rules for Interpretation of Contracts: Implied Terms of Contract

Conditions for using ‘Implied Terms’ for Interpretation  Lord Simon in BP Refinery (Westernport) Pty Ltd vs. The Shire of Hastings [1978] 52 AJLR 20 held that- “…for a term to be implied, the following conditions (which may overlap) must be satisfied: it must be reasonable and equitable; it must be necessary to give business efficacy to the… Read More Rules for Interpretation of Contracts: Implied Terms of Contract

Rules for Interpretation of Contracts: Pre-Contractual Documents/Draft Agreements

Antecedent Agreements A concluded antecedent agreement may be relied upon in interpreting a later contract in pursuance of that agreement.  However, an antecedent agreement may be considered only on the basis of its particular facts and circumstances. Pre-Contractual Documents/Draft Agreements A concluded contract may be preceded by multiple drafts. Draft agreements may even be signed. Draft… Read More Rules for Interpretation of Contracts: Pre-Contractual Documents/Draft Agreements

Investors Compensation Scheme Ltd vs. West Bromwich Building Society

Five Principles for Interpretation of Contracts Facts  There was a contract between a Norwegian and a German company for supply of 200 tonnes of haaksjoringskod. This substance could mean shark meat or whale meat. When the German company entered into the contract, the German company intended to import whale meat. However, the Norwegian company thought… Read More Investors Compensation Scheme Ltd vs. West Bromwich Building Society

Proforce Recruit Ltd vs. The Rugby Group Ltd.

ENTIRE AGREEMENT CLAUSE CITATION: [2006] EWCA Civ 69 FACTS Two English companies entered into a contract whereby one party, an employment agency (“the Agency”), undertook to supply labor personnel and cleaning equipment to the other party (“the Customer”) for a fixed period of time. The written contract contained a clause stating that during the period of… Read More Proforce Recruit Ltd vs. The Rugby Group Ltd.

Inntrepreneur Pub Co. vs East Crown Ltd., [2000] 2 Lloyds Rep 611

ENTIRE AGREEMENT CLAUSE CITATION: [2000] 2 Lloyds Rep 611 FACTS The parties to a lease of a tied public house entered into an agreement for a lease containing a restriction requiring the tenant to obtain its beer from nominated suppliers. The agreement for lease contained an acknowledgement that ‘this agreement… constitutes the entire agreement between the… Read More Inntrepreneur Pub Co. vs East Crown Ltd., [2000] 2 Lloyds Rep 611