Interpretation of Contracts and Meaning of Words by Court: Common Law Experience
Traditionally English courts have used an approach to interpretation of written contracts which relies on ordinary meaning of words used in document. However, more recently some Common Law courts become more open to contextual interpretation of contracts with considerable attention paid to the matrix of facts in which a contract was set. Several judges have urged to assimilate the way of interpreting to common sense principles by which any serious utterance would be interpreted in ordinary life taking into account all circumstances known to parties by the time they enter a contract. This new tendency has an influence on the interpretation of such wordings as 'to ensure / procure'; 'utmost endeavours'; 'best endeavours'; 'reasonable endeavours'; 'as far as practicable'.