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United Kingdom

Rainy Sky SA v Kookmin Bank

[2011] UKSC 50 at [21]
JurisdictionUnited Kingdom
Year2011
Statusunclear

Key Principle

where there are TWO POSSIBLE CONSTRUCTIONS, the court is entitled to prefer the one consistent with business common sense and to reject the other. The precondition is two possible constructions, not a prior finding of ambiguity, and Lord Clarke confines it at [23]: where the parties have used unambiguous language, the court must apply it. A tiebreaker, not a licence — run the Wood v Capita iterative check first.

Area of Law

Contract — Formation and Interpretation

Related Cases

MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2018] UKSC 24
Wood v Capita Insurance Services [2017] UKSC 24 at [11]-[13]
Arnold v Britton [2015] UKSC 36

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