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Common sense counts when construing commercial contracts

  • RPC
  • -
  • United Kingdom
  • -
  • November 17 2011

In Rainy Sky S.A and six others v Kookmin Bank 2011 UKSC 50, the Supreme Court provided useful guidance on the role of business common sense in construing a clause in a commercial contract, particularly in circumstances where there are competing plausible constructions, neither of which is clearly preferable on the language used alone