Extrinsic evidence is admissible of all objective material facts existing at the time of execution of the deed which were reasonably available to the parties at the relevant date, as part and parcel of the process of contextual construction1. Extrinsic evidence is not admissible to contradict, vary or add to the terms of a deed2 but only to put before the court the same knowledge of the subject matter of the deed as was in the possession of the parties to it at the time of its execution3. It may also be admitted where the description of the boundaries
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An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
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