Draft Common Frame of Reference:II. — 8:102 Relevant matters

Draft Common Frame of Reference

II. — 8:102 Relevant matters

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

(1)

In interpreting the contract, regard may be had, in particular, to:

(a)

the circumstances in which it was concluded, including the preliminary negotiations;

(b)

the conduct of the parties, even subsequent to the conclusion of the contract;

(c)

the interpretation which has already been given by the parties to terms or expressions which are the same as, or similar to, those used in the contract and the practices they have established between themselves;

(d)

the meaning commonly given to such terms or expressions in the branch of activity concerned and the interpretation such terms or expressions may already have received;

(e)

the nature and purpose of the contract;

(f)

usages; and

(g)

good faith and fair dealing.

(2)

In a question with a person, not being a party to the contract or a person such as an assignee who by law has no better rights than such a party, who has reasonably and in good faith relied on the contract's apparent meaning, regard may be had to the circumstances mentioned in sub-paragraphs (a) to (c) above only to the extent that those circumstances were known to, or could reasonably be expected to have been known to, that person.

Deze functie is alleen te gebruiken als je bent ingelogd.