The subjective objective theory of contract interpretation and google
Practical Law Construction
APRIL 20, 2021
As recently discussed, contract interpretation is, relatively, easy when the words are very clear. But once a potential ambiguity is identified, it becomes necessary to look at what makes commercial sense, as well as what has been described as the factual background, or the “matrix of fact” referred to in Prenn v Simmonds. More recently, this was described as “the background knowledge which would reasonably have been available to the parties in the situation in which they were
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