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L'interpretazione del contratto secondo le corti superiori del Regno Unito

2016

The essay takes into consideration the 2015 decision of the Supreme Court in Arnold v. Britton regarding the interpretation of a written contract in which the majority ruled that the court must identify the intention of the parties by reference to «a reasonable person having all the background knowledge which would have been available to the parties». It is worth paying attention to the fact that, in delivering the lead judgment, Lord Neuberger stated that, whilst reliance must be placed on commercial common sense, this should not lead to the importance of the language in the provision being underrated and that even if the contractual arrangement has worked out badly or even disastrously th…