Subject-Matter Index

Confidentiality. See TORT (Breach of confidence—mistaken disclosure of confidential documents)

Documentary evidence. See EVIDENCE (Documentary evidence)

“Entire contract” clauses. See Interpretation—“entire contract” clauses

Execution

refusal to obey court order

refusal to execute documents for refinancing of matrimonial home when ordered by court obviated under Matrimonial Causes (Guernsey) Law 1939, art. 57 by nominating court official to execute in place of recalcitrant party—procedure preferable to depriving party of entire property interest for non-compliance, or holding in contempt: E v. E (C.A.), 2007–08 GLR 374

Inspection by court

application for summary judgment

in application for summary judgment, court may inspect unquestioned documents, e.g. accounts showing balance due or letter promising payment, to determine whether moneys due, or bona fide dispute, and non-payment by defendant not merely attempt to delay: M.G.F. Ltd. v. J.K.F. Devs. Ltd. (Royal Ct.), 2000–02 GLR N [14]

Inspection by party. See CIVIL PROCEDURE (Disclosure—inspection of documents)

Interpretation

accountancy term

in 1987 put/call agreement, option profits defined by reference to accounts for latest financial year audited in accordance with UK approved accounting standards—on party’s request in 1997 for purchase of shares, option profits determined in accordance with updated accounting practice: Corbin v. Throgmorton (C.A.), 1997–99 GLR N [2]

“entire contract” clauses

“entire contract” clauses in written contracts prevent reliance on collateral representations, warranties or contracts—implied terms not precluded, since deemed to form part of contract when created: Woodbourne Trustees Ltd. v. Generali Worldwide Ins. Co. Ltd. (Royal Ct.), 2011–12 GLR N [5]

extrinsic evidence

may consider extrinsic evidence as preliminary issue for purpose of determining proper contents of contract, before embarking on interpretation of disputed clauses—difficult for extrinsic oral evidence to nullify exclusive jurisdiction clause plainly included in written contract: Bank Julius Baer & Co. Ltd. v. Winnetka Trading Corp. (Royal Ct.), 2007–08 GLR N [29]

la convention fait la loi des parties

basic principle of Guernsey contract law that written contract signed by parties is governing law between them: Evans v. Guernsey Building Renovations Ltd. (Royal Ct.), 2024 GLR 1

multiple documents

court unwilling to construe multiple documents in same transaction as one, if critical clause phrased differently in each document, e.g. non-exclusive jurisdiction clause in one document not merged with exclusive jurisdiction clause in related document: Bank Julius Baer & Co. Ltd. v. Winnetka Trading Corp. (Royal Ct.), 2007–08 GLR N [29]

natural meaning in context

court to construe words used in contract in accordance with natural meaning and considering circumstances—ambiguity to be construed contra proferentem: Winnetka Trading Corp. v. Bank Julius Baer & Co. Ltd. (C.A.), 2009–10 GLR 260

since words given natural meaning, court assumes that different words have different meanings in related documents—“non-exclusive jurisdiction” clause in one document interpreted differently from “jurisdiction” clause in another: Bank Julius Baer & Co. Ltd. v. Winnetka Trading Corp. (Royal Ct.), 2007–08 GLR N [29]

post-contractual actions

evidence of parties’ actions after contract formed not relevant to interpretation of contract: Trinity Inv. Ltd. v. Long Port Properties Ltd. (C.A.), 2000–02 GLR 162

subjective intention

evidence of parties’ subjective intentions not relevant to interpretation of contract—interpretation to be that of reasonable man having background knowledge of the parties at time of contract Trinity Inv. Ltd. v. Long Port Properties Ltd. (C.A.), 2000–02 GLR 162

time. See TIME (Computation of time)

trust instruments. See TRUSTS (Interpretation)

wills. See SUCCESSION (Administration of assets—interpretation of financial arrangements)

Judicial documents. See ARBITRATION (Award). CIVIL PROCEDURE (Judgments and orders)

Rectification

incorrect drafting of settlement. See TRUSTS (Rectification—incorrect legal advice to settlor)

proceedings in public. See TRUSTS (Rectification—proceedings in public)

Service of documents. See CIVIL PROCEDURE (Service of documents)

Trust documents. See TRUSTS (Beneficiaries—rights), (Powers and duties of trustees—duty to give information to beneficiaries), (Trust protector—replacement of protector)