See Also
- Interpretation generally
- Thake v Maurice QB 644
- Rearden Smith Lines Ltd v Hansen Tangan 1 WLR 989
- Proforce Recruit Ltd v The Rugby Group Ltd EWCA Civ 69
- Chartbrook Ltd v Persimmon Homes Ltd EWCA Civ 183
- Principles of European Contract Law Article 5-102 (a) preliminary negotiations are relevant to interpretation and so is (g) good faith and fair dealing.
- Interpretation of exclusion clauses and contra proferentem
- Canada Steamship Lines Ltd v The King AC 192
- Hollier v Rambler Motors (AMC) Ltd 1 All ER 399
- Wallis, Son and Wells v Pratt and Haynes AC 394
- Andrews Bros (Bournemouth) Ltd v Singer and Co Ltd 1 KB 17
- Rutter v Palmer 2 KB 87
- Gillespie Bros v Roy Bowles Ltd 1 QB 400, 415, Lord Denning, ‘judges have… time after time, sanctioned a departure from the ordinary meaning. They have done it under the guise of ‘construing’ the clause. They assume that the party cannot have intended anything so unreasonable. So they construe the clause ‘strictly’. They cut down the ordinary meaning of the words and reduce them to reasonable proportions. They use all their skill and art to that end.’
- The Raphael 2 Lloyd’s Rep 42
- Ailsa Crag Fishing Co Ltd v Malvern Fishing Co Ltd 1 WLR 964
- Darlington Futures Ltd v Delco Australia Pty Ltd (1987) 61 ALJR 76, refused to differentiate.
- Dorset CC v Southern Felt Roofing Ltd (1989) 48 Build LR 96
- Schenker & Co (Aust) Pty Ltd v Malpas Equipment and Services Pty Ltd VR 834, 846
- EE Calendonia Ltd v Orbit Valve Co Europe 4 All ER 165, 173, Hobhouse J
- The Fiona 2 Lloyd’s Rep 506
- Shell Chemicals UK Ltd v P&O Roadtanks Ltd 1 Lloyd’s Rep 297, 301.
- Bank of Credit and Commerce International SA v Ali UKHL 8, Lord Hoffmann (dissenting), the Canada Steamship doctrine ‘is a desperate remedy, to be invoked only if it is necessary to remedy a widespread injustice.’
- HIH Casualty and General Insurance Ltd v Chase Manhattan Bank UKHL 6
Read more about this topic: Investors Compensation Scheme Ltd V West Bromwich Building Society
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“Then turning to the disciples, Jesus said to them privately, “Blessed are the eyes that see what you see! For I tell you that many prophets and kings desired to see what you see, but did not see it, and to hear what you hear, but did not hear it.””
—Bible: New Testament, Luke 10:23,24.