Correction by construction: Dealing with drafting errors by way of interpretation

Lorna Richardson

doi:10.3366/elr.2023.0813

Correction by construction: Dealing with drafting errors by way of interpretation

Lorna Richardson^*

^*Corresponding author for this work

Research output: Contribution to journal › Comment/debate › peer-review

Abstract

In Monsolar IQ Ltd v Woden Park Ltd¹ the Court of Appeal corrected a drafting error in a rent review provision of a lease as part of the interpretive exercise. No claim for rectification of the clause had been made. The Court of Appeal noted that the courts have long been able to disregard the literal meaning of a provision were it is clear (1) that an error has been made; and (2) what the contractual provision should have said. The Court of Appeal was of the view that recent Supreme Court decisions on interpretation had not altered that position.

Original language	English
Pages (from-to)	90-94
Number of pages	5
Journal	Edinburgh Law Review
Volume	27
Issue number	1
DOIs	https://doi.org/10.3366/elr.2023.0813
Publication status	Published - 31 Jan 2023

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10.3366/elr.2023.0813

RichardsonELR2023CorrectionByConstruction
This article has been accepted for publication by Edinburgh University Press in the Edinburgh Law Review, and can be accessed at https://www.euppublishing.com/doi/10.3366/elr.2023.0813.
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Correction by construction: Dealing with drafting errors by way of interpretation

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