Content of the Contract Flashcards
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
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
3
Q
ADD THE ACTS
A
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