LW268: Explain What Commercial Common Sense Is: Commercial Law Assignment, DCU, Ireland

Question One

In Jackie Greene Construction Ltd v Irish Bank Resolution Corporation [2019] IESC 2, [5.4], the Irish Supreme Court wrote the following in relation to the interpretation of commercial contracts: “it is important to give due recognition both to the text of any document creating legal rights and obligations and to the context in which the words used in the measure concerned were chosen. To fail to give adequate weight to the words is to ignore, or downplay, the fact that those were the words that were chosen to define the relevant legal arrangement. To fail to give adequate weight to context is to ignore the fact that all language is inevitably interpreted by reasonable persons in the light of the context in which that language is used.”

Critically discuss what this statement says about commercial common sense in contracts.

In your discussion, make sure you deal with the following point:

1. explain what commercial common sense is;

2. situate the quotation and its source case in the context of the larger discussion of the interpretation of contracts and where commercial common sense fits in;

3. use the relevant cases from the UK and Ireland.

Question Three

Softmicros is a start-up company based in Dublin. It is developing leading software. It asks you, as its commercial solicitor, how the sale of goods relates to software contracts. Explain how Irish commercial law deals with software as a good for the purposes of software contracts. In your response, note that English and Irish cases can be used, in addition to other information you determine is important to this matter.