1998/162 - Harris v Crichton [1998] UR 162 (24 July 1998)

1998/162 - Harris v Crichton [1998] UR 162 (24 July 1998)

There is no remaining obligation upon the defendant to make further payments to the plaintiff apart from the bonus payment, as the obligations in respect of the goodwill payments have been extinguished by the capital payments made under the agreement as varied. The intention of the parties is clear from the correspondence and documents, and extrinsic evidence is inadmissible.

Citation
[1998] UR 162
Parties
Plaintiff: Colin Harris; Defendant: Andrew D D Crichton
Jurisdiction
Jersey
Judgment Date
24 July 1998
Procedural Posture
Representation (treated as Civil Partnership Dispute) / Judgment
Outcome
Declaration refused; judgment for the defendant.
Legal Topics
Partnership Dissolution, Goodwill Payments, Contractual Interpretation, Capitalization of Payments
Contract Law Partnership Law Partnership Dissolution Goodwill Payments Contractual Interpretation Capitalization of Payments

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Parties

Colin Harris

Plaintiff

Andrew D D Crichton

Defendant

Procedural Posture

Representation (treated as Civil Partnership Dispute) / Judgment

Legal Issues

  1. 1 Whether the defendant remains under any obligation to make further payments to the plaintiff apart from the bonus payment after extinguishing obligations in respect of goodwill payments
  2. 2 Whether the capital sum due in respect of the business sale payment was extinguished by the capitalization of annual goodwill payments
  3. 3 Whether extrinsic evidence can be considered to interpret the intentions of the parties

Ratio Decidendi

There is no remaining obligation upon the defendant to make further payments to the plaintiff apart from the bonus payment, as the obligations in respect of the goodwill payments have been extinguished by the capital payments made under the agreement as varied. The intention of the parties is clear from the correspondence and documents, and extrinsic evidence is inadmissible.

Court Disposition

Declaration refused; judgment for the defendant.