Sattva and Contractual Interpretation: Trials and Appeals

The teachings of Sattva shall deal with four topics: the standard of review, some recent cases in England, the role of “implied terms”, and the parol evidence rule. From the perspective of contractual interpretation, Sattva provides two teachings:

1. Contractual interpretation is not a purely textual exercise and draws heavily on the factual matrix (see in particular paras. 42-55). This provides some lessons for trials.
2. Decisions interpreting a contract are generally questions of mixed fact and law attracting a deferential standard of appellate review (see in particular paras. 56-58). This provides some lessons for appeals.

The fact that Sattva is relevant to both trials and appeals is reflected by the number of times it has been cited: 517 times by trial courts and 379 times by appellate courts.

Presenter(s)

• Geoff Hall • Brandon Kain • John McCamus • Angela Swan