Chartbrook Ltd v Persimmon Homes Ltd

E655800

Chartbrook Ltd v Persimmon Homes Ltd is a leading UK House of Lords decision on contractual interpretation, particularly the admissibility of pre-contractual negotiations and the correction of obvious drafting mistakes.

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Chartbrook Ltd v Persimmon Homes Ltd canonical 2

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Statements (47)

Predicate Object
instanceOf House of Lords decision
UK case law decision
contract law case
areaOfLaw commercial law
contract law
citation [2009] 1 AC 1101
[2009] UKHL 38
claimant Chartbrook Ltd
country United Kingdom
court House of Lords
defendant Persimmon Homes Ltd
followedBy Arnold v Britton
Rainy Sky SA v Kookmin Bank
Wood v Capita Insurance Services Ltd
holding appeal allowed in favour of Persimmon Homes Ltd
contract wording could be corrected to reflect parties' objective intention
evidence of pre-contractual negotiations remained inadmissible for interpretation
influencedBy Investors Compensation Scheme Ltd v West Bromwich Building Society
judge Baroness Hale of Richmond
Lord Hoffmann
Lord Hope of Craighead
Lord Rodger of Earlsferry
Lord Walker of Gestingthorpe
jurisdiction United Kingdom
language English
leadingJudge Lord Hoffmann
legalIssue admissibility of pre-contractual negotiations
contractual interpretation
correction of obvious drafting mistakes
legalPrinciple courts may correct obvious drafting mistakes in contracts
distinction between interpretation and rectification
interpretation based on what a reasonable person with background knowledge would understand
objective approach to contractual interpretation
pre-contractual negotiations are generally inadmissible as an aid to construction
subsequent conduct is generally inadmissible for interpretation
legalSystem common law
locationOfCourt London
linked to: London, England
overrulesOrClarifies Investors Compensation Scheme Ltd v West Bromwich Building Society (clarified)
parties Chartbrook Ltd
Persimmon Homes Ltd
precedentialStatus binding precedent in England and Wales
leading authority
subjectMatter calculation of additional residential payment
property development agreement
topic construction of commercial contracts
use of background or matrix of fact
yearOfDecision 2009

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Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Lord Hoffmann notableWork Chartbrook Ltd v Persimmon Homes Ltd