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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Contract: I can see clearly now… interpreting contracts post-Rainy Sky

Clare Arthurs and Sebastian Kokelaar assess the implications of a recent decision in the Supreme Court The bank’s interpretation was, arguably, commercially implausible, whereas on the claimants’ interpretation the whole of para 2 could be said to be redundant.In Rainy Sky SA v Kookmin Bank [2011] the Supreme Court revisited the principles governing the construction …
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Contracts: Desperate times call for desperate measures

Kate New looks at the outcome of some cases where the contracting parties wished to alter, avoid or reinterpret the terms of contracts that they entered into before the market collapse ‘A complicated scenario arises when the court is faced with a complex agreement and asked to consider how serious a breach must be in …
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