The Construction of Commercial Contracts under English law: The Assumption Problem

This course discusses the assumption problem in legal documents and the importance of drafting unambiguous contracts. It highlights the use of the term "third party" in legal documents, which is often not defined and can cause problems in cases where a group company is involved.

By the end of this course, you should be able to:

1. Understand the importance of precise drafting in legal documents and the consequences of assuming an "ordinary" meaning of a word or phrase without defining it explicitly
2. Learn the meaning of "third party" in legal contracts and the potential problems that can arise when parties assume different meanings
3. Understand the rules of construction of contracts under English law and the key principles expressed in the Rainy Sky case
4. Learn about the English court's approach when the language used is unambiguous, and how the court must apply it without rewriting it