Traditional contract interpretation

Question 1

The plain meaning rule

Answer 1

The plain meaning rule asserts that a contract’s clear language is its legal interpretation, relying on ordinary meanings and contextual clues from surrounding terms. This approach promotes certainty and clarity in contractual agreements.

Question 2

The parol evidence rules

Answer 2

○ If words are clear and unambiguous the parties cannot introduce external evidence from outside the contract to prove the words have a different meaning

Question 3

exceptions to parol evidence

Answer 3

trade usage

Question 4

what is trade usage

Answer 4

Trade usage ensures that contractual language aligns with industry context, allowing companies within the same trade to understand specific terms’ meanings and clarify obligations.

Question 5

the traditional approaches to law was based around

Answer 5

hard rules

Question 6

use of context and commercial sense in traditional interpretation was

Answer 6

only used in exceptional cases

Question 7

what was the status of PN and SC in the traditional phase

Answer 7

there was no discussion around the inclusion of them, would have aided in rose in the case of rose and pim