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High Court confirms that general principles of contractual construction apply to 'misnomer principle'

14 October 2013. Published by Daniel Hemming, Partner

In Liberty Mercian Limited v (1) Cuddy Civil Engineering Limited (2) Cuddy Demolition and Dismantling Limited

the High Court considered the 'misnomer' principle and the circumstances in which a contract, which on its express terms is made with a one company, can be construed as having instead been made with a different company.  The misnomer principle is part of the wider doctrine of contractual construction i.e. the process by which a court determines the meaning and legal effect of a contract and, in this case, to determine rectification of an alleged mistake.  For the full details of this case please click here.