Cases - Kemp v Rose

Record details

Name

Kemp v Rose

Date

(1858)

Citation

32 LT

Keywords

Contract - liquidated damages - whether liquidated damages clause valid where omission from contract of date from which liquidated damages to run - oral evidence of omission as oversight - whether court may grant rectification to give effect to parties' intentions

Summary

In this case, the date from which liquidated damages were to run was omitted from the contract documents. The oral evidence before the Court was contradictory as to the agreed completion date. In the circumstances, the Court refused to fix such a date, and held that liquidated damages were not payable. It is suggested that if oral evidence is clear (or agreed), and the omission was explained as an 'oversight', then the court may grant rectification in order to give effect to the parties' intentions and allow liquidated damages to be recoverable in principle.