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''Investors Compensation Scheme Ltd. v West Bromwich Building Society'' () (UKHL 28 ) is a frequently-cited English contract law case which laid down that a contextual approach must be taken to the interpretation of contracts. Lord Hoffmann set out five principles, so that contract should be construed according to: #what a reasonable person having all the background knowledge would have understood #where the background includes anything in the 'matrix of fact' that could affect the language's meaning #but excluding prior negotiations, for the policy of reducing litigation #where meaning of words is not to be deduced literally, but contextually #on the presumption that people do not easily make linguistic mistakes ==Facts== Investors received negligent advice from their financial advisers, solicitors and building societies, including West Bromwich Building Society ('West Bromwich BS'). They had claims in tort and for breach of statutory duty. The investors had been encouraged by financiers to enter "Home Income Plans", which meant mortgaging their properties to get cash that they would put into equity linked bonds. They lost money when house prices and stocks fell. Under the Financial Services Act 1986 section 54 the Securities and Investments Board started the Investors Compensation Scheme Ltd,〔The SIB is now the Financial Conduct Authority, and the relevant legislation is now the Financial Services and Markets Act 2000.〕 where investors could be directly compensated for their losses, and ICS would try recoup the cost by suing the building societies on everyone’s behalf. Accordingly, to get the compensation investors signed a contract to assign their claims to ICS. But in section 3(b) of the claim form the assignment excluded ‘Any claim (whether sounding in rescission for undue influence or otherwise) that you have or may have against the West Bromwich Building Society’, so that investors could still sue on some claims individually. While ICS Ltd was suing, West Bromwich BS argued that ‘or otherwise’ meant that claims for damages, ''as well as'' rescission, had not been assigned. ICS Ltd argued that the clause actually meant that claims for damages had been assigned, because ‘or otherwise’ referred to rescission based claims other than undue influence, but not damages. Evan-Lombes J held that the right to claim rescission had been retained but the right to claim damages had been assigned. Leggatt LJ overturned the High Court, and ICS Ltd appealed. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Investors Compensation Scheme Ltd v West Bromwich Building Society」の詳細全文を読む スポンサード リンク
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