Download or read book The Interpretation of Contracts in Australia written by Kim Lewison and published by . This book was released on 2011 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Interpretation of Contracts written by Kim Lewison and published by . This book was released on 2013 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Commercial Contract Clauses written by Joshua Andrew Thomson and published by . This book was released on 2015-09-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Unified Approach to Contract Interpretation written by Ryan Catterwell and published by Bloomsbury Publishing. This book was released on 2020-07-23 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interpretation or construction is central to the operation of contract law. Despite the fundamental role it plays, there have been limited attempts to explain construction in holistic terms. This important book aims to fill that gap by offering a systematic exposition of the iterative process. It also goes further, suggesting practical solutions to disputes regarding questions of interpretation. The book argues that construction is not simply about establishing what words mean; it is a process through which objective intention is inferred from the choice of words in a contract. The interpretive process involves four steps: formulate the question of interpretation in dispute; explore competing answers to the question; analyse the admissible material supporting each interpretation; and weigh and balance the competing considerations. By so doing, the book offers a simple yet sophisticated framework for interpreting/constructing contracts.
Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by BRILL. This book was released on 2022-01-17 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Download or read book Principles of Contractual Interpretation written by Richard Calnan and published by OUP Oxford. This book was released on 2013-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book re-evaluates the rules of construction and explains clearly the principles which guide the courts in interpreting contracts.
Download or read book McMeel on the Construction of Contracts written by Gerard McMeel and published by Oxford University Press, USA. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book] helps the reader to negotiate a complex area of law by combining principles and doctrine with relevant discussion of the case law [and identifies] and anticipates current and future trends in litigation New to this [edition includes]: updated discussion of the role of the appeal courts in their decisions on judgments relating to contract construction, most notably the cases of Rainy Sky v Kookmin Bank (2011), Arnold v Britton (2015), the Lloyds Bank Bonds case (2016), and Wood v Capita Insurance Services(2017); expanded coverage and critique of the principles of implication and rectification; extended treatment of good faith following Yam Seng (2014) and MSC Mediterranean Shipping v Cottonex (2016); and discussion of New Commercial Court Guide rules on background facts 'factual matrix' and statements of case."--
Download or read book Cheshire Fifoot Law of Contract 11th Australian Edition written by N. C. Seddon and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Australian Cases on Contract 2009 Edition written by Manfred Paul Ellinghaus and published by . This book was released on 2009-02-15 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the most uptodate and comprehensive selection available of Australian cases on contract law. It contains all modern decisions of the High Court in this field, and a substantial selection of cases from other courts. The 2009 edition includes 4 new decisions of the High Court, as well as other important new decisions delivered by Australian courts in the past year. The book differs from other casebooks in a number of ways: Meticulous linebyline editing technique. All judgments are incorporated, including dissents. All significant doctrinal content is preserved. Useful citations and footnotes are retained. Running reference to original paragraph or page numbers. Cases are presented in chronological sequence. There is also a comprehensive index.
Download or read book Contract Law in Australia written by Eugene Clark and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Australia covers every aspect of the subject and– definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of and‘considerationand’ or and‘causeand’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of and‘relative effectand’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Australia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Download or read book Contract written by J. L. R. Davis and published by . This book was released on 2012 with total page 996 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a thorough analysis of the core principles of contract law, making the text relevant to all Australian practitioners. The work has been written by leading academics and practitioners and will be reviewed and updated under the editorial guidance of Emeritus Professor JLR Davis.
Download or read book Cheshire Fifoot Law of Contract written by Nicholas Seddon and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Future of the Law of Contract written by Michael Furmston and published by Taylor & Francis. This book was released on 2020-05-10 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Future of the Law of Contract brings together an impressive collection of essays on contract law. Taking a comparative approach, the aim of the book is to address how the law of contract will develop over the next 25 years, as well as considering the ways in which changes to the way that contracts are made will affect the law. Topics include good faith; objectivity; exclusion clauses; economic duress; variation of contract; contract and privacy law in a digital environment; technological change; Choice of Court Agreements; and Islamic finance contracts. The chapters are written by leading academics from England, Australia, Canada, the United States, Singapore and Malaysia. As such, this collection will be of global interest and importance to professionals, academics and students of contract law.
Download or read book Good Faith in Contractual Performance in Australia written by Nurhidayah Abdullah and published by Springer Nature. This book was released on 2020-10-01 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gives a detailed account of the current state of the law concerning good faith in contractual performance in Australia, through an empirical study on its reception and development across the various Australian jurisdictions. In Australia, good faith received wide attention after Priestly J introduced in his obiter comments in Renard Construction (ME) v Minister for Works (1992) 26 NSWLR 234.This book focuses on the attitude of the judges to good faith, the definition of good faith, and the possibility of legislating a good faith obligation in Australian contract law. This book also discusses the issues surrounding its development, its meaning, and acceptance at the international level.The empirical legal research adopted in this book will offer a significant contribution in understanding the concept of good faith in Australia from the empirical perspective.
Download or read book Electronic Contracts 2nd Edition written by S. Blount and published by . This book was released on 2015-07-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this new edition, Dr Blount continues his scholarly and very valuable contribution to this emerging area of the law. The significance of a text like this, that synthesises the law and categorises issues that arise in an area vital to our daily lives, cannot be understated. From the foreword to the first editon by In his forward to the book, the Honourable Justice Steven Rares J. This book identifies issues of contract law that are uniquely problematic for electronic contracts, such as whether clicking an oÂeÂ~I agreeoÂeÂ(tm) box is really an acceptance of the terms of a contract, whether acceptance of an offer by email or text message attracts the postal acceptance rule, whether notice of terms can be given by hyperlink, and whether a term of oÂeÂ~fit for purposeoÂeÂ(tm) can be implied at common law for the download of software. In addition to considering the when, where and how of electronic contract formation and the incorporation and vitiation of webpage terms, the book analyses a large number of important common law appellate and superior court decisions to predict the likely law of electronic contracts for all common law jurisdictions, including Australia. Expanded to cover the new developments in this area this second edition includes a new chapter on international conventions and model laws. This book will be of immeasurable assistance to legal practitioners litigating and drafting electronic contracts, as well as to practitioners, academics, and students interested in the legal problems arising from the new information technologies. Features oÂeo Detailed and scholarly coverage of the topic oÂeo Applies a comparative approach oÂeo Author considers over 150 common law electronic contract cases at appellate level Related Titles Seddon and Ellinghaus, Cheshire and FifootoÂeÂ(tm)s Law of Contract, 10th ed 2012 George et al, Social Media and the Law, 2014
Download or read book Guidebook to Contract Law in Australia written by Bradford A. Caffrey and published by . This book was released on 1991 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contract Law in Australia written by John W. Carter and published by Butterworth-Heinemann. This book was released on 1996 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt:
