Evidence of subsequent conduct is not admissible as an aid to the construction of a contract, even where the contract is ambiguous. The banker-customer usage permitting capitalisation of interest does not apply to special-purpose government-facilitated loans (such as PIBA loans) where the nature and terms of the loan take it outside the ordinary banker-customer relationship. An acceleration clause will not be implied into an instalment loan contract merely because suing for each instalment separately is less advantageous to the lender; the contract must be shown to lack business efficacy without the term.
The full text is available to signed-in members, including the 30 later cases that cite this judgment.
2 of the 30 citing cases carry a classified treatment. How each court treated it is available to signed-in members.