Contract-correction of mistakes in contract can be made by a court

[brian]

In KPMG LLP v Network Rail Infrastructure Ltd, part of a break clause in a lease executed in 1985 had no obvious meaning and was difficult to construe; comparison with an earlier draft of the lease appended to an agreement for a lease signed in 1974, appeared to show that words had been omitted erroneously from the 1985 version (Source-Practical Law).

The Court of Appeal decided that it was permissible for the court to refer to the draft version as an aid to the construction of the lease, even though the parties had intended the 1985 version to supersede the 1974 agreement.

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