All too often, a term might seem perfectly clear to the parties when the contract is agreed, but a dispute later arises as to how it is meant to apply in the circumstances that have come about.
If the parties cannot resolve the issue, the court may be called on to interpret the contract. Where the parties have not made themselves clear, the result may then be difficult to predict.
In this second of our updated and relaunched series of contract disputes practical guides, Gary Milner-Moore, Sarah McNally and Steven Dalton consider the court’s approach to interpreting contracts and some practical steps that can be taken to minimise the risks.
We will be publishing further editions of the updated series of contract disputes practical guides in the coming months. In the meantime, the first edition in our relaunched series (When do you have a binding contract? It may be more (or less) often than you think), and the remaining editions from the original series, are available here on our Litigation Notes blog.
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2021