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Aşağıda bir kısmını gördüğünüz bu dokümana sadece Profesyonel + pakete abone olan üyelerimiz erişebilir.

a.Prenn v Simmonds

In Prenn v Simmonds(179), Simmonds argued that Prenn was obligated to transfer him 4% interest in a company controlled by the latter under an agreement in return for a consideration agreed (£6,600). At the date of the trial, the interest was worth approximately £200,000. Prenn contended that a condition under the agreement had not been satisfied, namely that “less than £300,000 profits available for dividend on the ordinary stock of [the company] over the relevant period has been earned”.…

“The time has long passed when agreements, even those under seal, were isolated from the matrix of facts in which they were set and interpreted purely on internal linguistic considerations… [Courts must] inquire beyond the language and see what the circumstances were with reference to which the words were used, and the object, appearing from those circumstances, which the person using them had in view…[E]vidence of mutually known facts may be admitted to identify the meaning of a descriptive term.”(180)…

2.The modern approach

b.Investors Compensation Scheme v West Bromwich Building Society

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English Contract Law General Principles

Aşağıda bir kısmını gördüğünüz bu dokümana sadece Profesyonel + pakete abone olan üyelerimiz erişebilir.

a.Prenn v Simmonds