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Commercial Common Sense In Contracts


Since my blog on ‘Interpretation of Contracts’ in July 2015, there have been a number of deliberations in the courts as highlighted by the following article from Macfarlanes LLP.


Recent cases appear to reinforce the importance of clear drafting but also highlight the need to understand the implications of provisions in a contract. Sometimes, in order to identify such implications, a crystal ball is needed. In our view, a crucial part of a legal adviser’s role is to identify risks arising from a contract so that its clients can assess against the potential benefits.

This should not be relied upon for legal advice. If you would like any further information or advice please email

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