- April 20, 2021
The subjective objective theory of contract interpretation and google
As recently discussed, contract interpretation is, relatively, easy when the words are very clear. But once a potential ambiguity is identified, it becomes necessary to look at what makes commercial sense, as well as what has been described as the factual background, or the “matrix of fact” referred to in Prenn v Simmonds. More recently, … Continue reading The subjective objective theory of contract interpretation and google →
- February 23, 2021
Contract interpretation – who has commercial common sense?
The dust is slowly settling over the arguments about how contracts should be interpreted. We know that “this is not a literalist exercise focused solely on a parsing of the wording of the particular clause” and that “[t]extualism and contextualism are not conflicting paradigms in a battle for exclusive occupation of the field of contractual … Continue reading Contract interpretation – who has commercial common sense? →