A lease obligation to provide services 'sufficient' for the premises is to be construed by reference to the objective standard agreed by the parties (here, industry standards applied to the agreed fitout plan), not by reference to the tenant's actual or subjective intended use. A term requiring the landlord to inquire into the tenant's intended use will not be implied for business efficacy where the effect would be to make one party's subjective intention determinative of the other's contractual obligation. Rectification damages must be assessed by reference to the cost of achieving conformity with the contract as properly construed, not the cost of works undertaken based on a misunderstanding of the contractual standard.
The full text is available to signed-in members.