Interpretation Of Contracts
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Author | : Kim Lewison |
Publisher | : |
Total Pages | : 119 |
Release | : 2013 |
Genre | : Contracts |
ISBN | : 9780414029064 |
The 5th edition provides thorough treatment of one of the most fundamental areas of law - the interpretation of contracts. All those drafting, revising or advising on written agreements will benefit from its detailed discussion of the rules of contract interpretation.
Author | : Catherine Mitchell |
Publisher | : Routledge |
Total Pages | : 175 |
Release | : 2007-06-11 |
Genre | : Law |
ISBN | : 1134061714 |
In this volume Mitchell examines case law, academic debate and the resurgence of interest in formalist contract interpretation in the US to explore the meaning of contextual interpretation, arguments for and against it and suggestions on how parties may influence the interpretation methods applied to their agreement. Identifying controversial issues, arguments and analyzing possible future developments, this book addresses a range of questions, including: How far should it be possible for courts, through the process of interpretation, to control the bargain made between parties? Are judges applying the principles of interpretation in the same way? What is the relevant context of an agreement? Should contracting parties be able to opt out of a particular interpretative approach by use of mechanisms such as entire agreement clauses? Short and concise, this is a useful reference tool for those interested in contract and tort law.
Author | : GEOFF R. HALL |
Publisher | : |
Total Pages | : |
Release | : 2020 |
Genre | : |
ISBN | : 9780433502333 |
Author | : Richard Calnan |
Publisher | : OUP Oxford |
Total Pages | : 0 |
Release | : 2013-09 |
Genre | : Law |
ISBN | : 9780199681464 |
This book re-evaluates the rules of construction and explains clearly the principles which guide the courts in interpreting contracts.
Author | : Ahmet Cemil Yildirim |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 323 |
Release | : 2019-05-14 |
Genre | : Business & Economics |
ISBN | : 9403511044 |
Due to the globalized nature of modern commerce, arbitrators and legal counsel are often required to interpret contracts according to the rules of legal systems that are different from their own. Thus a thorough comparative examination of the principles of interpretation of contracts in major legal systems and uniform laws, such as this indispensable book provides, becomes an essential resource. The book examines the principles of contract interpretation found in seven legal systems—French, Italian, German, Swiss, Turkish, English, and U.S.—as well as in all applicable uniform laws, drawing on the case law and scholarship aligned with each. In addition to texts intended to unify or harmonize the law at a global level, the European Union’s uniform law texts, which constitute an important reference model for regional codifications, are also presented. The terminology peculiar to each system has been preserved in its language. Specific issues and topics raised include the following: “subjective” versus “objective” interpretation; historical reasons for basic differences in the approaches of individual legal systems; the principle of freedom of contract; good faith and fair dealing; rules that restrict the interpretation of contracts; and commercial usages. The author’s systematic presentation culminates in a proposal of a practical and universal method of interpretation of contracts. Given the importance of the interpretation of contracts in cross-border transactions, every practitioner of international arbitration will welcome this incomparable book’s easy access to the essential literature and case law in the legal systems and uniform laws they are most likely to encounter. Corporate counsel, scholars, and academics will discover the only detailed comparative overview available of the theory and practice of the interpretation of contracts.
Author | : Yuliya Chernykh |
Publisher | : International Litigation in Press |
Total Pages | : 632 |
Release | : 2022 |
Genre | : Law |
ISBN | : 9789004414679 |
"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Author | : C. J. W. Baaij |
Publisher | : |
Total Pages | : 0 |
Release | : 2020 |
Genre | : Commercial law |
ISBN | : 9781780689593 |
This book is a unique and extensive comparative study of commercial contract interpretation across 14 selected jurisdictions, namely Croatia, England and Wales, Finland, France, Germany, Greece, Italy, The Netherlands, Poland, Portugal, Scotland, South Africa, Spain and Sweden. Using a dynamic comparative case method, the focus is centered on the discussion of key legal problems, further examined in a detailed and comprehensive comparative analysis. Contributions written from a law and economics, and European private law perspectives place the key legal issues into context and make Interpretation of Commercial Contracts in European Private Law a coherent and valuable resource for academics and practitioners with a European or International focus.
Author | : Ayşe Nihan Karadayı Yalım |
Publisher | : |
Total Pages | : 0 |
Release | : 2019 |
Genre | : Commercial law |
ISBN | : 9781780688084 |
This is an overview of interpretation and gap filling mechanisms in international commercial contracts covering CISG, UNIDROIT Principles, PECL and DCFR.
Author | : Alejandro Garro |
Publisher | : Springer Nature |
Total Pages | : 408 |
Release | : 2020-11-03 |
Genre | : Law |
ISBN | : 3030543226 |
This book discusses how UNIDROIT principles are viewed and interpreted in different countries, presenting various perspectives and practical lessons learned. It also offers a detailed analysis of the use of the UNIDROIT principles to interpret and supplement domestic contract law. Written by experts in the field, it provides insights into how the principles are being used and applied in their respective countries. The findings are also summarized in a General Report that was presented at the 20th IACL General Congress in Fukuoka, Japan.
Author | : Kim Lewison |
Publisher | : |
Total Pages | : 452 |
Release | : 2011 |
Genre | : Contracts |
ISBN | : 9780455228686 |
THE INTERPRETATION OF CONTRACTS IN AUSTRALIA provides practitioners with essential guidance on the construction and interpretation of contracts, including in difficult matters of disputed interpretation. This adaptation of the widely acclaimed English title THE INTERPRETATION OF CONTRACTS by Sir Kim Lewison has been long awaited. Former Chief Justice Spigelman of the Supreme Court of NSW writes in the Foreword to this work. Now barrister David Hughes and Sir Kim Lewison have thoroughly revised the English text to reflect Australian law, while retaining the structure and principles of interpretation of the first nine chapters of the English edition. These principles of construction and interpretation are discussed in chapters which proceed through the key rules governing each of them. Extracts and summaries of decisions are provided to illustrate the application of those rules. The text's insights will inform the process of drafting or revising a contract by identifying key principles and discussing them comprehensively, yet concisely, with reference to case law. By enabling lawyers to construct arguments rooted in the case law, this new Australian work will help lawyers better challenge contracts and explain their inadequacies.