A worked example in a contract using hypothetical figures serves as an illustration of methodology, not as a constraint on the actual figures to be used in calculation. Where a contract uses a new defined term rather than adopting existing defined terms from related agreements, the new term must be construed in the context of the suite of agreements, including the scope of authority conferred under related instruments. A party cannot raise on appeal a factual contention about the amount received under a contract where the competing cases at trial were all predicated on a different figure.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
1 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.