Contractual Interpretation and the Reasonable Business Person The ...

2. First, the objective theory of contract with its focus on the parties' presumed, rather than actual, intention.

Contractual interpretation and implied terms | Global law firm

However, the application of such principles can, in practice, be more diffcult. Problems can often arise in cases of perceived ambiguity, where a contract fails ...

Contractual interpretation: shades of grey | Clifford Chance

Contractual interpretation: shades of grey ... consistent with business common sense. The limits ... The reasonable person in whose shoes the court must interpret ...

A matter of interpretation – the Supreme Court look at contractual ...

"(1) The contract must be interpreted objectively by asking what a reasonable person, with all the background knowledge which would reasonably ...

Reasonable Standards for Contract Interpretations under the CISG

arts. 1(a), 2(a) (in some Contracting States the CISG might apply even if the parties do not have places of business ...

Contractual interpretation | DLA Piper

Instead it will focus on what a hypothetical reasonable person, with all the background knowledge available to the parties at the time of ...

The key points on contractual interpretation | Gowling WLG

In short, this means that interpretation will be based on an understanding of the contract by a reasonable hypothetical person who was aware of ...

Contractual interpretation and business common sense

It is well-established that the courts can have regard to business common sense when interpreting contracts under English law. However, the extent to which ...

Theories of Interpretation in the Law of Contracts - Chicago Unbound

other reasonable person similarly equipped would interpret them. That ... nary business man when making an ordinary business contract ... ness men, presumably ...

How would a reasonable business person interpret a commercial ...

The Court of Appeal cited the principle that, in determining the meaning of unilateral contractual notices, the law generally favours a ' ...

Contract interpretation – who has commercial common sense? | BCLP

He observed that “[j]udges should not generally impose their notions of commercial common sense upon the parties to business disputes.” It can ...

Interpreting "best efforts" vs "reasonable efforts" in contracts | BD&P

While the term "best efforts" has been interpreted fairly consistently, there is uncertainty when it comes to the application of the "reasonable ...

Contractual Interpretation in Arbitrations: Business Efficacy and ...

The test for business common sense being that of a reasonable commercial person. Use of the principle of business common sense is generally ...

Contract interpretation: commercial intent takes centre stage

Throughout the commercial world, on a daily basis, contracts, drawn up to regulate the commercial activities of parties to a business enterprise, ...

Quickguide - Interpretation of contracts under English law - Ashurst

This is an objective test; the court is concerned to identify the intention of the parties by reference to "what a reasonable person having all the background ...

CHAPTER 4 - UNIDROIT

In consequence, a contract term may be given a meaning which differs both from the literal sense of the language used and from the meaning which a reasonable ...

Contractual interpretation: Literal meaning v commercial common ...

An objective test – that of what the reasonable business person would understand the clause to mean – is applied to ascertain the parties' ...

Contractual interpretation: High Court upholds the importance ... - RPC

Contractual interpretation: High Court upholds the importance of business sense when interpreting ambiguous provisions ... How will the courts ...

Developments in contract: Interpretation and rectification

The case law makes clear that contract interpretation is the application of broad principles rather than strict rules, those being: (1) Loyalty to the text; (2) ...

Interpreting a Contract - Shepherd and Wedderburn

The meaning of the words; · The factual, legal, and commercial background to the contract; · The commercial purpose of the contract; and · Business ...