In Investors Compensation Scheme V West Bromwich, Lord Hoffmann Says

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In Investors Compensation Scheme v West Bromwich, Lord Hoffmann says that 'if one would nevertheless conclude from the background that something must have gone wrong with the language, the law does not require judges to attribute to the parties an intention which they plainly could not have had'. This means that, where an agreement does not accord with 'business common sense', the courts may depart from the language of the contract.