ABSTRACT
The primary objective of the process of interpretation is to discover the mutual intentions of the parties from the contractual words used. The task of the courts is to determine what reasonable persons in the parties’ position would have intended. The objective of the courts in a case relating to office leases is naturally to determine the intended commercial effect of the particular agreement reached between the parties. There were obvious differences between the processes of interpretation in regard to private contracts and public statutes. Thus it was better to speak of a shift towards commercial interpretation and there was no doubt in Lord Steyn’s mind about the fact of that change in approach: In determining the meaning of the language of a commercial contract, and unilateral contractual notices, the law therefore generally favours a commercially sensible construction.
