The Many Faces of the ‘Reasonable Businessman’: Has Commercial Common Sense Become a Judicial Vehicle for Normative Idealism in Scots Law?
This essay presents a novel contribution to the discourse on contractual interpretation by disentangling the historical, principled application of ‘Commercial Common Sense’ (‘CCS’) from its expanded, value-laden use in contemporary Scots contract law. While numerous commentators have scrutinised CCS for its conceptual...