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Bratton Seymour Service v Oxborough

[1992] BCC 471

Case summary last updated at 20/01/2020 20:45 by the Oxbridge Notes in-house law team.

Judgement for the case Bratton Seymour Service v Oxborough

C claimed that courts should imply a term into articles of association to effect that a company should contribute to upkeep of an amenity area in a housing development, so as to give articles business efficacy. Held:
 
·        Courts will not imply terms into articles from extrinsic evidence of surrounding circumstances.
Ø  This because such evidence is only known to a few people.
Ø  Thus would be prejudicial to third parties.
 

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