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(a) That's wrong. 

You were asked to select the factor that a court does not properly take into account when interpreting the meaning of terms in a contract.

The courts do not properly take account of how the parties have behaved after completing the contract.

The courts do properly take account of

  • the ordinary meaning of the words used in the contract.
  • what can reasonably be inferred from the circumstances the parties intended.
  • the commercial practicability of the possible interpretations.

Give yourself no marks for this answer.

 

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