The purchaser submitted that the drafting of the entire contractual clause was not broad enough to exclude false allegations. It submitted that it was intended only to rely on statements that might otherwise be considered contractual terms. The purchaser also submitted that a “cumulative corrective action” clause had led to the retention of misrepresentation claims. The clause provided that “the rights and remedies under the agreement are” in addition to legal and non-exclusive rights and remedies. Gaps in development are always best avoided. Where there are gaps, a whole agreement will not prevent the courts from filling them. If so, you must be specific. The courts found that the parties to an agreement could not intend to exceed a very general agreement clause, which was included in an earlier agreement, if no explicit reference to these agreements 4 was included in the entire contractual clause. The seller argued that the entire contractual clause against the contractual compensation system must be interpreted in the GSB. In this context, it is clear that the entire contractual clause should exclude liability for misrepresered allegations. In particular, the seller invoked a clause that gave the purchaser the right to seek damages from the seller in respect of losses incurred “from or in connection with” the amount of the club`s financial liability. It also cited the fact that the OSG contained a detailed procedure for claiming contractual claims. B, including deadlines and reporting obligations.

However, as confirmed by the Wood/Capita Supreme Court (see our briefing), the contractual provisions cannot be interpreted in isolation. The court will consider the clause as part of the agreement as a whole. The clauses of the boiler platform are no exception to this rule. Hipwell v Szurek was about renting coffee rooms. The tenant had problems due to allegedly dangerous electrical pipes.