Content of the Contract Flashcards

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1
Q

ICS v West Bromwich Building Society (1998) HL

A

The principles to consider in construction of a contract are:

(1) The meaning to a reasonable person having all the background knowledge which was reasonably available
(2) Anything which would affect the way in which the language of the document would have been understood by a reasonable man
(3) Ignore previous negotiations and subjective intent
(4) Natural and ordinary meaning of words
(5) Where a linguistic mistake is obvious and causes absurdity the courts may read further into it; must make business common sense

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2
Q

AG of Belize v Belize Telecom (2009) PC

A
  • No power to improve or introduce
  • Courts jurisdiction is to infer what the instrument means
  • Feels point (1) of ICS v West Bromwich Building Society is most important
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3
Q

ADD THE ACTS

A

Page 72

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