Private Law Theory

“Over the last twenty years or so, the approach of the English courts to contractual interpretation has moved between a strict literal approach and a more purposive approach. From recent decisions, the courts seemed to be trending back towards the literal approach (as in the Supreme Court decision of Arnold v Britton), moving away from the contextual approach (as in the earlier Supreme Court decision of Rainy Sky SA v Kookmin Bank). However, the Supreme court has recently weighed in yet again on the question of the correct approach to contractual interpretation …” (more)

[Cara Dowling and Aimee Denholm, Oxford Business Law Blog, 26 April]

First posted 2017-04-26 06:01:47