Contract: No Rainy Sky over the Gower Peninsula

Clare Arthurs and Sebastian Kokelaar examine the role of commercial common sense in the interpretation of contracts after Arnold v Britton ‘Arnold does not represent a radical departure from what was said in Rainy Sky about commercial common sense. Both decisions underline the primacy of the words used by the parties.’ In the case of …
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Update: Caravan parks and rainy days

Chris Bryden, Agata Patyna and Matthew Shaw evaluate a recent Supreme Court decision dealing with the interpretation of contracts ‘The High Court agreed with the buyers’ interpretation, but the Court of Appeal overturned it and entered summary judgment in favour of the respondent bank.’ When dismissing the appeal of the lessees in the Court of …
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Construction Of Contracts: Unfavourable bargains

A recent case has demonstrated that the courts will not construe a contract so as to re-write an unfavourable bargain, as Nikolas Ireland finds out It is clear that, while the court is able to look elsewhere for assistance in the event of ambiguity in a document, and can correct a document where the parties …
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