1
Q
What is interpretation?
A
- Conveying to a reasonable person having all the background knowledge which would reasonably have been available to the parties.
2
Q
What is corrective interpretation?
A
- If you would interpret that something is wrong with the language the law does not require judges to attribute to the parties an intention which they plainly could not have has.
3
Q
What are limits to contextualism? What two cases?
A
- Language used should not be undervalued (Arnold and Britton). Parties may have different understandings of business common sense which can rarely assist the court in knowing which side was contextually rights.
- Remarks made in negotiations are inadmissible Prenn v Simmonds.
