Citations:
[2000] EWCA Civ 47, [2000] 1 All ER (Comm) 474, [2000] 1 Lloyd’s Rep 339, [2000] CLC 878
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Sinochem International v Mobile Sales ComC 21-Sep-1999
No set-off clause – save for sums due to or from affiliates – ‘fundamental change’ in approach to question of construction. . .
Cited – Mitsui Construction Co Ltd v Attorney General of Hong Kong PC 1986
Lord Bridge said that poor drafting in a contract itself provides: ‘no reason to depart from the fundamental rule of construction of contractual documents that the intention of the parties must be ascertained from the language that they have used . .
Cited by:
Cited – Oxonica Energy Ltd v Neuftec Ltd PatC 5-Sep-2008
The parties disputed the meaning of an patent and know how licence. The parties disputed whether the agreement referred to IP rights before formal patents had been granted despite the terms of the agreement.
Held: ‘The secret of drafting legal . .
Cited – Rainy Sky Sa and Others v Kookmin Bank SC 2-Nov-2011
Commercial Sense Used to Interpret Contract
The Court was asked as to the role of commercial good sense in the construction of a term in a contract which was open to alternative interpretations.
Held: The appeal succeeded. In such a case the court should adopt the more, rather than the . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 03 September 2022; Ref: scu.147080
