Draft a fair agreement or you could be in trouble
tract may have to be declared null and void.
As a general principle, t he bargain between t he lessor and lessee is one of l ong- t er m mutuality and rent review clauses must be viewed in that light. There is no presumption in favour of construing a clause so as to make it upwards only”.
In granting its judgement, the court relied on McCabe Builders (Dublin) Limited vs Sagamu Developments Ltd. and another, where Justice Charleton, i n 2007, held, “Interpretation is the ascertainment of the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract.”
Where both parties have been involved with the negotiation and drafting of the agreement, the doctrine of contra proferentem, will have no application.