Author: Bobby Hussain | Trinity College Law Review, Vol. XI (2008)

This article examines how courts interpret commercial contracts through two competing lenses: predictability, which enables parties to order their affairs with confidence, and flexibility, which allows for fairness and commercial practicality. Drawing on authorities like Lord Steyn, Lord Goff, and Professor Robert Bradgate, the piece critiques judicial approaches that either frustrate legitimate expectations or impose unwanted obligations. It argues that commercial law should facilitate transactions without undermining the benefit of the bargain, and calls for a principled balance that supports both legal certainty and adaptive justice.

https://trinitycollegelawreview.org/volume-xi/