“…n of the parties, as at the date that the contract was made. Judicial observations such as those of Lord Reid in Wickman Machine Tools Sales Ltd v L Schuler AG [1974] AC 235, 251 and Lord Diplock in Antaios Cia Naviera SA v Salen Rederierna AB (The Antaios) [1985] AC 191 , 201, quoted by Lord Carnwath JSC at para 110, have to be re…”
“…Mr McCluskey referred to FL Schuler AG v Wickman Machine Tool Sales Ltd [1974] AC 235, at pp. 249-250, and Force India v Etihad [2011] ETMR 10 at [108]. The former in support of his submission that a party in material breach of a continuing posi…”
“…nt the subsequent behaviour or statements of the parties as an aid to interpreting their written agreement – see FL Schuler AG v Wickman Machine Tool Sales Ltd [1974] AC 235. The subsequent behaviour or statements of the parties can, however, be relevant, for a number of other reasons. First, they may be invoked to support the cont…”