(d) That's right. 

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 one mark for this answer.

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