Courts willing to adopt common sense

Sometimes, legal documents contain errors. In some areas of law (although with business to business contracts the courts are more reluctant) the court will reinterpret the contract if there is inherent inequality in bargaining positions, such as with employment contracts, or where it is clear the parties have not included necessary aspects to make the contract workable.
In a recent case, a farmer sought to avoid an estate rentcharge for roads and sewers on the farm estate when Fieldthe covenants in the land transfer documents contained errors and omissions.
Concluding that the rentcharge was not intended to yield a profit but merely to allocate the costs to the occupier of the land, the court ruled that the documents had to be construed to give effect to the ‘missing covenant’.
The decision was also influenced by case law which provides that a person who takes the benefit of a deed cannot avoid a burden which attaches to it.

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