The identification of ambiguity is not a precondition to examining legitimate surrounding circumstances in the construction of a commercial contract; a contextual approach is required following Woodside. However, there is no licence for judicial rewriting: if the language is unambiguous after considering context, the court must give effect to it unless to do so would produce absurdity. On rectification, the common intention must be actual, consensual, and manifested in words or conduct — where parties had conflicting subjective intentions as to the effect of the contract, rectification is not available to impose a consensus never reached.
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