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CS Professional · Drafting, Pleadings and Appearances · Types of Documents

A lease deed between Anand Estates and Zenith Retail contains a typed clause giving a 3-year term. Beside it, a handwritten and initialled interlineation by both parties says the term is 5 years. On the usual rules of construction, which term prevails?

The 5-year term prevails. Under the general rule, handwritten or specially added words that both parties initialled override printed or typed standard text, because they show the parties' particular and later intention. The conflict is reconcilable, so the deed is not void.

  1. A3 years, because typed text is more formal
  2. B5 years, because the handwritten, initialled alteration reflects the later specific intentionCorrect
  3. C3 years, because the lease is registered
  4. DThe deed is void as it is self-contradictory

Explanation

Written or handwritten additions made specifically for the transaction and initialled by the parties override printed or typed standard text, since they show the parties' particular and later intention. Registration does not alter this rule. The clash is reconcilable, so the deed is not void.

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