Remedies and Breach Flashcards
(3 cards)
1
Q
Performance, breach and repudiation interpretation: Investors Compensation Scheme
A
Interpretation: Meaning to a:
- reasonable person having all the background knowledge which would have been available to the parties at the time of contracting
2
Q
Performance, breach and repudiation interpretation: Arnold v Britton
A
Natural language and clear, objective interpretation is required. Courts should not try to apply common sense or what the parties “should” have written
3
Q
A