Commentary

40 Rules of construction

BANKING vol 4(1)
| Commentary

40 Rules of construction

| Commentary

40 Rules of construction

The general rule of English law is that the courts will, assuming the usual requirements of enforceability have been complied with, such as intention to create legal relations, capacity of the parties, adequacy of consideration etc, interpret an obligation according to the ordinary meaning of the language used. The courts are concerned to find the meaning of the words used by reference to objective material available to both parties at the time of the transaction1. Actual subjective intention2 is irrelevant, as are subsequent events3. The Court will not have regard to

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