75. Commercial agreements.

75. Commercial agreements.

Contract (Volume 22 (2019)) | Commentary

Although the courts will not make a contract for the parties where none exists1, they will seek to uphold bargains made between businessmen wherever possible, recognising that they often record the most important agreements in crude and summary fashion, and will seek to construe any documents fairly and broadly, without being too astute or subtle in finding defects2. If satisfied that there was an ascertainable and determinate intention to contract, the courts will