Contractual interpretation

Contractual interpretation guidance:

This Practice Note sets out certain key cases and associated relevant content in relation to construction of finance documents. The cases are divided by topic area and...

Practice Note

When advising on contractual construction you should consider: • the guiding principles used by the court when interpreting the meaning of contracts, including the...

Practice Note

Contract interpretation—starting point—the contract itself Unless alleging mistake, fraud or misrepresentation, parties are bound by the documents which they sign,...

Practice Note

This Practice Note considers the court’s approach when there is dispute as to which party’s terms and conditions govern their contract in a ‘battle of the forms’ scenario...

Practice Note

Express and implied contractual terms distinguished Contractual terms may be either express or implied: • express terms—are terms which are actually recorded in a written...

Practice Note

Parties may often seek to specify that the entirety of their contractual relationship is governed by the written contract they have signed. This is what is known as an...

Practice Note

This Practice Note on rules on interpreting contracts (agreements) (also known as construing or the construction of contracts and contractual terms) considers key cases...

Practice Note

Key questions for any litigator when reviewing a contract will be: • what does the contract mean? • what are the parties’ respective rights and obligations under the...

Practice Note

In addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see Practice Note: Contract interpretation—the guiding principles),...

Practice Note

What are contractual terms? The terms of a contract define the existence and scope of the parties’ respective rights and obligations to one another. A contractual term is...

Practice Note

This Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that are frequently used in commercial agreements....

Practice Note

There are numerous reasons why parties may wish to make changes to their agreement. Most disputes connected with variation of contracts concern whether the variation was...

Practice Note
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