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c.Wood v Capita Insurance
The final authoritative voice in the realm emanates from the recent decision of the…
Clause 7.11 of the agreement contained an indemnity clause. It provided as follo…
Sayfa 83“…the…
Wood resisted the claim on the basis that its liability under clause 7.11 could only…
The High Court held that clause 7.11 required the respondent to indemnify Capita…
“The court’s task is to ascertain the objective meaning of the language which the parties have chosen to express their agreement. It has long been accepted that this is not a literalist exercise focused solely on a parsing of the wording of the particular clause but that the court must consider the contract as a whole and, depending on the nature, formality and quality of drafting of the contract, give more or less weight to elements of the wider context in reaching its view as to that objective meaning… Interpretation is…a unitary exercise; where there are rival meanings, the court can give weight to the implications of rival constructions by reaching a view as to which construction is more consistent with business common sense. But, in striking a balance between the indications given …
His Lordship further to shed light on the appropriateness and use of the textual…
It is noteworthy that their Lordships in Wood v Capita did not view the recent line of authorities relating to contractual interpretation as departing from Lord Hoffman’s “celebrated judgment”…
b.Investors Compensation Scheme v West Bromwich Building Society
d.The Ocean Neptune
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LEXI size zaman kazandırır. Sonuç analizi, doküman asistanı ve araştırma modlarıyla LEXPERA içeriğine erişiminizi kolaylaştırır.
