Sarum Hotel v Select Agencies [1987] JLR 343 (26 November 1987)
- Citation
- [1987] JLR 343
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the intention of the parties to a lease must be ascertained from the words of the lease itself, interpreted in their ordinary and reasonable meaning within the context of the lease, and not from extrinsic evidence. Where ambiguity exists, the contra proferentem rule may be applied.
Court disposition
judgment for applicant
02
Material facts
Parties
Sarum Hotel
ApplicantSelect Agencies
Respondent03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
- 01
How should the intention of parties to a lease be ascertained?
- 02
Is extrinsic evidence admissible in interpreting the lease?
- 03
When is the contra proferentem rule applicable?
Party arguments
- Applicant
- The intention of the parties should be determined from the words of the lease itself, giving them their ordinary and reasonable meaning within the context of the lease.
- Respondent
- Extrinsic evidence should be considered to ascertain the parties' intention if the lease terms are ambiguous.
05
Court’s reasoning
Legal principles
- 01
[1987] JLR 343
The intention of the parties to a lease is to be ascertained from the words of the lease and not from extrinsic evidence.
- 02
[1987] JLR 343
Words of a lease are to be given their ordinary, reasonable meaning within the context of the lease.
- 03
[1987] JLR 343
Where the meaning is ambiguous, the contra proferentem rule may be applied if relevant.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the intention of the parties to a lease must be ascertained from the words of the lease itself, interpreted in their ordinary and reasonable meaning within the context of the lease, and not from extrinsic evidence. Where ambiguity exists, the contra proferentem rule may be applied.
Court disposition
judgment for applicant
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
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Court record
Judgment
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