Contract: Clear skies? Comparing Arnold v Britton to Rainy Sky SA v Kookmin Bank

David Sawtell considers some key points of contract interpretation ‘Much of the difference between the decisions in Rainy Sky and Arnold is explained by the ambiguity of the disputed term in the former decision and the clarity of the clause under review in the latter.’It is trite to state that the purpose of contractual interpretation …
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Dilapidations: Common sense prevails

Euan McSherry reviews a Scottish case where a business common sense construction triumphed in the interpretation of a terminal dilapidations claim ‘One can envisage that tenants will seek to rely on this judgment to argue that in dilapidations disputes, landlords will need to demonstrate that they have in fact suffered, or are genuinely going to …
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