Irish Life Assurance Company Ltd v Dublin Land Securities Ltd

JurisdictionIreland
Judgment Date26 July 1989
Date26 July 1989
Docket Number[S.C. No. 193 of 1986]
CourtSupreme Court
(S.C.)
Irish Life Assurance Co. Ltd
and
Dublin Land Securities Ltd

- Rectification - Contract for sale of ground rents - Alleged term not embodied in contract - Notice to purchaser's agent - Whether common intention to include term - Whether mutual mistake - Onus of proof.

The appellant company owned a substantial portfolio of ground rents. It also owned certain lands at Palmerstown, County Dublin, the subject of compulsory purchase orders of the County Council and Corporation of Dublin, together with other adjoining lands the acquisition of which had been agreed with the local authorities. W., an auctioneer, communicated to the appellant an offer from F., a property developer, to buy the portfolio which offer the appellant accepted and a contract for sale was drawn up. The respondent company was formed by F. to take the conveyance of the ground rents. The appellant had no intention of including the Palmerstown properties in the sale to F., but the appellant's legal department, due to an oversight, included all but a portion of the Palmerstown properties in the portfolio. The appellant's property manager, prior to the execution of the contract, told W. that a "significant holding of land the subject of a c.p.o. at Palmerstown" was not being included in the contract. W., however, never informed F. of this. On the day the draft contracts were due to be exchanged between the parties, the respondent's solicitor was not satisfied that the draft contract included all the properties the respondent was entitled to acquire, but it was indicated to him by the appellant's legal department that the transaction would be at an end if the contracts were not signed that day. Consequently the respondent's solicitor executed and exchanged contracts on behalf of the respondent. Subsequent to that date, the schedules to the contract were altered by agreement between the parties to include and exclude certain properties which were and were not regarded as forming part of the sale. However, when the appellant discovered the error that had been made in respect of the Palmerstown properties and sought their exclusion from the contract, the respondent refused to agree to that course. The amount of compensation payable in respect of the properties which were the subject of the compulsory purchase orders and the acquisition agreements exceeded £500,000. The appellant instituted High Court proceedings contending that the contract was drawn up and signed under a mutual mistake...

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24 cases
  • Knockacummer Wind Farm Ltd v Cremins
    • Ireland
    • Court of Appeal (Ireland)
    • 30 Julio 2018
    ...the mistake concluded that agreement (see judgment of the Supreme Court in Irish Life Assurance Co. Ltd. v. Dublin Land Securities Ltd. [1989] I.R. 253…’ Irish Courts 43 The availability of rectification in equity is relatively limited. The House of Lords decision in Prenn v. Simmonds [197......
  • The Tara Mines Pension Plan Boliden Tara Mines Ltd (plaintiff/appellant) v Cosgrove and Others
    • Ireland
    • Supreme Court
    • 21 Diciembre 2010
    ...TRUST LTD v CENTRAL REMEDIAL CLINIC & ORS 2006 2 IR 126 2005/31/6463 2005 IEHC 87 IRISH LIFE ASSURANCE CO LTD v DUBLIN LAND SECURITIES LTD 1989 IR 253 JOSCELYNE v NISSEN & ORS 1970 2 QB 86 1970 2 WLR 509 1970 1 AER 1213 BANCO AMBROSIANO SPA & ORS v ANSBACHER & CO LTD & ORS 1987 ILRM 669 KER......
  • (R) McD v (v) McD
    • Ireland
    • High Court
    • 29 Enero 1993
    ...COURT No. 11,206p/1991 MCD (R) v. MCD (V) BETWEEN R. McD. .V. V. McD. Citations: IRISH LIFE ASSURANCE LTD V DUBLIN LAND SECURITIES LTD 1989 IR 253 Synopsis: CONTRACT Formation Proof - Absence - Action - Settlement - Terms - Dispute - Question of fact - (1991/11206 P - Barron J. - 29/1/93)1......
  • Irish Pensions Trust Ltd v Central Remedial Clinic
    • Ireland
    • High Court
    • 18 Marzo 2005
    ...Metropolitan plc v. The William Hill Group Ltd. [1997] 1 B.C.L.C. 390. Irish Life Assurance Co. Ltd. v. Dublin Land Securities Ltd. [1989] I.R. 253. Joscelyne v. Nissen [1970] 2 Q.B. 86; [1970] 2 W.L.R. 509; [1970] 1 All E.R. 1213. Kramer v. Arnold [1997] 3 I.R. 43. Lansing Linde Ltd. v. Al......
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