Following Arnold v Britton, it is unlikely that the courts will refuse to give effect to unambiguous contractual language simply because its meaning does not accord with commercial common sense.

Question

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In Arnold v Britton, the UK Supreme Court emphasized that where the language of a contract is clear and unambiguous, the courts should give effect to that language, even if the outcome seems commercially unreasonable, indicating a reluctance to override clear contractual terms on the basis of commercial common sense.

Following Arnold V Britton, It Is Unlikely That the Courts