When determining the parties intentions, the court may take into account not only the words recorded in the document but also the evidence of the surrounding circumstances.
The evidence of the surrounding circumstances must be known to both parties, although if facts are notorious the court may presume knowledge of them.
In a commercial contract it is appropriate for the court to have reference to the commercial purpose of the contract, which in turn presupposes knowledge of the way the transaction started, its background, and the context and market in which in parties are operating.
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