Q&As

If the name of a company is set out as a party to a contract but the company registration number is for a different company, which is the contracting entity?

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Published on LexisPSL on 24/06/2020

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • If the name of a company is set out as a party to a contract but the company registration number is for a different company, which is the contracting entity?

Inconsistency between the name and registered number of a company on the face of a contract may create issues relating to identity, privity and capacity.

Contractual provisions (including the identification of the parties), will be interpreted in accordance with what the parties are considered to have intended, judged objectively and in the light of the relevant factual background known to both parties. The courts will interpret a contract in accordance with the principles established by Lord Hoffman in ICS v West Bromwich Building Society and the line of cases since. For more information, see Practice Notes:

  1. General rules of contract interpretation—summary

  2. Contract int

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