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Unpacking the general principles for construction.docx -...

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Unpacking the general principles for constructionWhat is the natural and ordinary meaning of clause x?How do the potential competing interpretations of clause x sit with other contractualclauses?How well do the potential competing interpretations of clause x give effect to theunderlying purposes of the contract?Does one interpretation of clause x make more commercial sense than another?Are there any background facts and circumstances known by A and B at the pont of entryinto the contract that shed light on the meaning of clause x? (subject to limitationsoutlined inCodefela)Undisclosed or uncommunicated subjective beliefs are irrelevant.Case is decided by inductively balancing competing legal principles.Why adopt objective approach?-For certainty-Economic efficiency-Protect reasonable reliance.-Protecting third partiesEsosse case-Escosse leased farmland to morris, for 99 years. Land was part of a larger parcel ofland which could not be sub div-Land could not be sold to B so the parties entered in 99 years lease-Rent for the entire of the term was paid on signing-Lease was based on a standard form farm lease
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Meaning of life, Royal Botanic

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