Littman & Anor v Aspen Oil (Broking) Ltd

Littman & Anor v Aspen Oil (Broking) Ltd

The word 'Landlord' in clause 10 must be construed as 'Tenant' because to give it its literal meaning would be absurd and contrary to the parties' intentions; the mistake is obvious and the correction clear. Alternatively, rectification would be granted for unilateral mistake as the tenant's solicitor knowingly took advantage of the landlord's drafting error.

Parties
Claimant/respondent: Colette Celine Littman; Claimant/respondent: Andrew Hylton Young; Defendant/appellant: Aspen Oil (Broking) Limited
Jurisdiction
England and Wales
Judgment Date
19 December 2005
Procedural Posture
Civil Appeal / Appeal From Chancery Division on Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Construction of Contracts, Rectification for Unilateral Mistake, Break Clauses in Leases
Landlord and Tenant Contract Law Equity Construction of Contracts Rectification for Unilateral Mistake Break Clauses in Leases

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Parties

Colette Celine Littman

Claimant/respondent

Andrew Hylton Young

Claimant/respondent

Aspen Oil (Broking) Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Chancery Division on Preliminary Issue

Legal Issues

  1. 1 Whether the word 'Landlord' in clause 10 should be construed as 'Tenant' for the purpose of the break clause
  2. 2 Whether the lease should be rectified for unilateral mistake in the absence of antecedent agreement

Ratio Decidendi

The word 'Landlord' in clause 10 must be construed as 'Tenant' because to give it its literal meaning would be absurd and contrary to the parties' intentions; the mistake is obvious and the correction clear. Alternatively, rectification would be granted for unilateral mistake as the tenant's solicitor knowingly took advantage of the landlord's drafting error.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the construction adopted by the judge is upheld.