Draft a fair agree­ment or you could be in trou­ble

HT Estates - - HTESTATES -

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.

THINKSTOCK

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