Board had been created to compensate certain investors who had claims in tort against the Building Society. The assignment clause said that the investors assigned all claims to the Board except “any claim (whether sounding in rescission for undue influence or otherwise)”. The result of a literal interpretation of this clause was “commercial nonsense”, for it meant that the assignee could not sue for damages. Lord Hoffmann set out “five principles” of interpretation the application of which to this clause produced the following result: investors assigned all claims except “any claim sounding in rescission (whether for undue influence or otherwise)”. The essence of Lord Hoffmann’s five principles is that the meaning of a document is not the meaning of its words simpliciter, but the meaning those words would have conveyed 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”. “Background knowledge”, save in two exceptional cases that we can ignore for the present purpose, does not include pre-contractual negotiations
However, just like Lord Hoffmann’s “assumption of responsibility” approach to damages, it is noticeable that the conventional approach will yield the correct result in a majority of cases. This is not because Lord Hoffman’s test in ICS is deliberately intended to apply to a predefined set of “exceptional” cases, but simply because the “reasonable person” in ICS would in most instances assume that the meaning of an instrument is the dictionary meaning of its words grammatically construed, with no additions, just as the “reasonable addressee” in Belize would normally assume that if a contract is silent as to the happening of a certain event, it was intended that that event has no legal consequences.
Source: NIMMA BENGALURU
Apartments, Flats and Property for Sale in Bangalore
Sep 21, 2016
Mahaveer Zephyr is a residential development of Mahaveer Group. It is located off Bannerghatta Road,..
Sep 16, 2016
Salarpuria Sattva Opus has pre- launched Bangalore a Premium Gated Community Residential..
Sep 14, 2016
Goyal Orchid Whitefield project is spread across 7 acres of land and it offers 1, 2, 2.5 & 3 BHK housing apartments with comfortable..
Sep 08, 2016
Area: 1272 sft.
Car Park: 1 slot.
Price: 1.05 Cr. Incl. 1 Car park & deposits..
Aug 30, 2016
Codename five rings is brand new venture of developer, nicely instituted at Sarjapur in Bangalore,..
Aug 29, 2016
Legacy Estilo Bangalore offers 1, 3 and 4 BHK apartments for buyers and consists of 58 units in all...
Aug 24, 2016
Peninsula Land is now in Bengaluru, with a luxurious gated residential complex “Peninsula..
Aug 22, 2016
Legacy Celino is located in Thanisandra, Hebbal to Airport in Bangalore. Legacy Celino is currently a..
Aug 16, 2016
Bhadra Legacy is a modern luxurious living space at a premium location of Bangalore, MG Road. The 19 super luxurious apartments offers a..
Aug 11, 2016
Godrej 17 brings to the market a wide range of apartments for families of all sizes at an affordable price..
Apartments, Flats and Property for Rent in Bangalore
Sep 16, 2016
Fully furnished Flat for Rent at Cookes Town ( Lloyd Road) 3 BHK with Car Parking, Lift, Power Back up,
24hrs water, Good Location with all..
Jul 25, 2016
The House available for Rent is in the First floor
The locality of house is Near Koramangala
and Outer Ring Road
House No. 12, 19thA Cross, Near..
Jul 02, 2016
Flat for Rent at Cookes Town 2 BHK with car parking 24hrs water, Lift, Power Back up, Good Location with all Basic Fecilities. Rent0..
May 28, 2016
A spacious 3 Bedroom flat is available for Rent in Kadugodi, Bangalore. It is located on the 2 Floor. It has a covered area of 1650 Sq-ft. The..
May 24, 2016
2bhk ready to move closer too all basic needs
closer to all IT CO. very good and safe..
May 02, 2016
Flat for Rent at M.G Road (Vittal Mallya Road ) 2 BHK Ground Floor Built up - 1340 sq feet, North Facing 24hrs water, Lift, Power back up, Good..
Apr 28, 2016
New Flat for Rent at Frazer Town 2 BHk with car parking Lift, power back up,24hrs water Good Location with all Basic Fecilities, Rent..
Apr 12, 2016
3bhk Pent House For Rent in Akme Ballet Apartment For 52k Call SAIF
Size: 3BHK (2300sft)
Area: Outer Ring Road, Dodda Nekundi, Bangalore
Mar 19, 2016
Rs20000 / 2br - 1100m2 - 2 BHK house for rent (kundanhalli..
Mar 18, 2016
*SPACIOUS FLAT WITH EXCELLENT DAY LIGHT( NATURAL LIGHT) AND AIR CIRCULATION
* Furnished with Sofa set, TV cabinet , Double bed , Exhaust Fans,..