AI Overview...
Conflict of Two Clauses in Agreement
- Interpretation of Clauses and Conflict Resolution
Courts and tribunals have addressed conflicts between clauses in agreements, especially arbitration clauses and contractual provisions. The primary approach involves harmonizing conflicting clauses rather than declaring one nugatory. For instance, courts have held that clauses should be read together to reflect the parties' intention, and conflicts can often be resolved through harmonious construction.
References: - GOVT. OF NCT OF DELHI VS CONTINENTAL ENGINEERING CORPORATION - Delhi: Interpreted Clause 10CA, emphasizing that conflicting clauses should be harmonized, and the agreement's overall intent should guide the interpretation.
- Balapreetham Guest House Pvt Ltd represented by its Authorised Signatory Arunjitkaurkohli VS Mypreferred Transformation and Hospitality Pvt. Ltd. , 'known as' Alcott Town Planners Private Limited, (Under the Brand Name OYO) - Madras: Even if conflict exists, clauses can be harmonized without one invalidating the other.
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INDO NABIN PROJECTS LTD. VS BHARAT HEAVY ELECTRICALS LTD. - Delhi: The court applied principles of contract interpretation to harmonize clauses, determining the arbitration should be conducted in New Delhi based on the contractual documents.
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Principles Governing Conflicting Clauses
Courts have considered specific principles, such as the later clause prevailing in case of conflict, or the handwritten clause overriding printed clauses. However, these principles are applied cautiously, with courts often favoring harmonious reading over outright invalidation.
References: - BHARAT LAL VS HARYANA CHIT PRIVATE LIMITED - Delhi: Handwritten arbitration clause prevails over printed clause if conflict exists.
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Govt. of NCT of Delhi vs Continental Engineering Corporation - Delhi, GOVT. OF NCT OF DELHI vs CONTINENTAL ENGINEERING CORPORATION - Delhi, 2018_DHC_2342: Courts noted that the later clause or amended clauses may prevail, but only after careful interpretation to ascertain the parties' true intention.
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Specific Case Examples and Court Findings
- In cases involving arbitration clauses, courts have emphasized the importance of reading all contractual clauses together to avoid conflicts. When conflicts are identified, courts prefer a harmonious construction unless the conflict is irreconcilable.
- In agreements with amendments or correction slips, courts have held that the most recent or specific clauses should be given precedence, provided the intention is clear.
References: - R. K. ASSOCIATES VS V. CHANNAPPA - Karnataka: No conflict between Clauses 13 and 14; Clause 13 does not render Clause 14 redundant.
- GOVT. OF NCT OF DELHI VS CONTINENTAL ENGINEERING CORPORATION - Delhi: The agreement's interpretation was upheld by the court, emphasizing consistent application of contractual principles.
Analysis and Conclusion
Courts generally favor harmonizing conflicting clauses within an agreement to reflect the true intention of the parties. When conflicts arise, principles such as the subsequent clause prevailing or handwritten clauses overriding printed ones are applied, but only after thorough interpretation. The key is to read all clauses collectively to avoid invalidating any part unnecessarily. This approach ensures contractual stability and respects the parties' intentions.
References:
- GOVT. OF NCT OF DELHI VS CONTINENTAL ENGINEERING CORPORATION - Delhi, R. K. ASSOCIATES VS V. CHANNAPPA - Karnataka, Balapreetham Guest House Pvt Ltd represented by its Authorised Signatory Arunjitkaurkohli VS Mypreferred Transformation and Hospitality Pvt. Ltd. , 'known as' Alcott Town Planners Private Limited, (Under the Brand Name OYO) - Madras, BHARAT LAL VS HARYANA CHIT PRIVATE LIMITED - Delhi, Govt. of NCT of Delhi vs Continental Engineering Corporation - Delhi, GOVT. OF NCT OF DELHI vs CONTINENTAL ENGINEERING CORPORATION - Delhi, 2018_DHC_2342
Search Results for "Conflict of Two Clauses in Agreement"
2018 0 Supreme(Del) 829 • India - Delhi
VIBHU BAKHRU
discussed the interpretation of Clause 10CA of the General Conditions of Contract-2010 and its conflict with Correction Slip No. ... Issues: The issues involved the interpretation of Clause 10CA of the General Conditions of Contract-2010, the conflict with ... Finding of the Court: The court found that the interpretation of the Agreement as accepted in the impugned award was ... He submitted that the Arbitral Tribunal erred in following the principle that in case of repugnancy or conflict#H....
1992 0 Supreme(Kar) 160 • India - Karnataka
K.JAGANNATHA SHETTY
The plaintiff had entered into an agreement with the defendants for the sale of land, and had paid a substantial amount of the sale ... Enforceability of the arbitration clause Ratio Decidendi: The court held that the condition imposed for the grant of temporary ... Sections 20 and 41(b) was maintainable, there was privity of contract between the plaintiff and defendants, and the arbitration clause ... On proper reading, the clauses 13 and 14 of the Agreement along with other clauses a....
1992 0 Supreme(Kar) 161 • India - Karnataka
On proper reading, the Cls. 13 and 14 of the agreement along with other clauses and the parties to the agreement, there is no conflict between two clauses and Cl. 13 does not render Cl. 14 arbitration clause redundant or nugatory. ... The relevant clauses in the agreement read as follows :-"13. ... In Radha Sundar's case, cited above, the Supreme Court has observed as follows"if, in fact, there is a conflict betwee....
2021 0 Supreme(Mad) 766 • India - Madras
P.T.ASHA
. – Even if court were to assume that the two clauses are in conflict with each other the same can be resolved by considering the ... Finding of court: Considering the apparent conflict in respect of these 2 clauses the two have to be harmoniously ... proceedings will be New Delhi. – Therefore, the two clauses can be harmoniously constructed without one doing violence to the other ... Considering the apparent conflict in respect of....
2018 0 Supreme(Del) 817 • India - Delhi
VIBHU BAKHRU
Ratio Decidendi: The court analyzed the relevant clauses in the tender documents, work order, and contract agreement to determine ... the arbitration proceedings should be conducted in New Delhi, as per the terms of the tender documents, work order, and contract agreement ... It applied principles of contract interpretation to harmonize the clauses and concluded that the arbitration should be held in New ... If Clause 6(c) of the Contract Agreement and Clause 25 of t....
• India - Consumer
SAMARESH PRASAD CHOWDHURY
Fact of the Case: The respondent entered into an Agreement for Sale with the appellants to purchase a flat but the ... of the acts and sections referenced and discussed by the court: The court discussed the obligations of the developer under the Agreement ... Issues: The issues involved the obligations of the developer under the Agreement for Sale, the continuous cause of action ... On a conjoint reading of clauses 3 & 13 of the Agreement, I find there is apparent conflict in betwee....
1998 0 Supreme(Del) 426 • India - Delhi
S.N.KAPUR
ARBITRATION - AGREEMENT - INTERPRETATION - CONFLICT BETWEEN PRINTED CLAUSE AND HANDWRITTEN CLAUSE - HANDWRITTEN CLAUSE PREVAILS ... Finding of the Court: The court found that there was a conflict between the printed arbitration clause and the handwritten ... clause in the agreement, with the handwritten clause prevailing. ... Firstly the plaintiffs do not point out that any person was named as Arbitrator in terms....
• India - Delhi High Court
VIBHU BAKHRU
He submitted that the Arbitral Tribunal erred in following the principle that in case of repugnancy or conflict between two clauses of an agreement, the clause introduced later would prevail over the earlier clause. ... It is clear from the above that there is a conflict between the terms of Clause 10CA of the GCC-2010 and the Correction Slip. ... The Agreement also included amended clauses of GCC-2010. It is not i....
• India - Delhi High Court
He submitted that the Arbitral Tribunal erred in following the principle that in case of repugnancy or conflict between two clauses of an agreement, the clause introduced later would prevail over the earlier clause. ... The Agreement also included amended clauses of GCC-2010. O.M.P. ... In order to ascertain the intention of the parties, an attempt must be made to read all clauses of an agreement#HL_E....
• India - Delhi High Court
He submitted that the Arbitral Tribunal erred in following the principle that in case of repugnancy or conflict between two clauses of an agreement, the clause introduced later would prevail over the earlier clause. ... The Agreement also included amended clauses of GCC-2010. 2018:DHC:2342 O.M.P. ... In order to ascertain the intention of the parties, an attempt must be made to read all clauses of an ....
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