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Extrinsic evidence of Custom and Usage

Parol Evidence
Last updated: 21-Jun-2015

Per Lord Atkin in Frenkel v MacAndrews & Co Ltd [1929] AC 545 at p.567:

It is well settled that if the surrounding circumstances raise a latent ambiguity in any of the expressions used, parol evidence may be resorted to for the purpose of ascertaining which of the meanings of an ambiguous expression was contemplated by the parties. In the present case the question arises between the original parties to the contract, but this fact is in my opinion immaterial; so far as construction is concerned that must be the same whether the question arises as between the original parties or their respective assignees.

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