Litigation Notes
Tag: interpretation
Showing 54 out of 54 results
Court of Appeal reins in role of "commercial common sense" in contractual interpretation
In a recent decision, the Court of Appeal has re-emphasised the importance of the contractual wording when construing commercial contracts: BMA Special …
Court of Appeal finds contract which left matters to be agreed not unenforceable for uncertainty
The Court of Appeal has recently held that a contract for the sale of goods which left matters, including certain charges and a shipping schedule, to be …
High Court implies duty of good faith into distributorship agreement
In a recent decision, the High Court has implied a duty of good faith into a Distribution Agreement: Yam Seng Pte Ltd v International Trade Corp Ltd …
Court of Appeal construes exclusion clause narrowly to prevent party being left without remedy
The Court of Appeal has recently held that an exclusion clause should not be construed as excluding liability for lost profits where this would have left …
Court of Appeal confirms modern approach to contractual construction
In a recent decision, the Court of Appeal has found that a clause allocating responsibility for third party claims applied to claims based on intentional …
Supreme Court endorses commercial common sense as an aid to construction
On Wednesday 2 November the Supreme Court handed down a judgment with significant implications for how commercial contracts are construed: Rainy Sky SA …