1 Sentences With "blue pencilled"

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Baker v Jones [1954] 1 WLR 1005 If a contract has both an "honour clause" and a clause that attempts to exclude a court's jurisdiction (as in Rose & Frank v Crompton)Rose & Frank v Crompton [1925] AC 445 the court may apply the blue pencil rule, which strikes out the offending part. The court will then recognise the remainder, provided it still makes sense, and remains in accord with the parties' bargain. The offending clause was: When the words "and shall not be subject to legal jurisdiction in the Law Courts either of the United States or England," are "blue-pencilled out", the remainder becomes legally acceptable, while staying true to the intended meaning. The party asserting an absence of legal relations must prove it; and any terms seeking to rebut the presumption must be clear and unambiguous.