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 Principles of Contractual Interpretation written by Richard Calnan and published by . This book was released on 2013 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise new book explains and re-evaluates the rules of construction at a conceptual level and explains clearly the principles which guide the courts in interpreting contracts and the associated practical implications. The work sets out the principles and considers each in turn providing examples of how they operate in practice. It covers difficult legal issues faced by the courts (such as the status of an agreement to agree) and the effect that these principles have on the drafting and reading of contracts. The purpose of the book is to give the reader an understanding of all of the issues.
Download or read book Elements of Contract Interpretation written by Steven J. Burton and published by Oxford University Press. This book was released on 2009 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This resource describes and analyses the law of contract interpretation in the United States, offering a strong guide for legal practitioners, judges, and scholars involved in contract law.
Download or read book CANADIAN CONTRACTUAL INTERPRETATION LAW written by GEOFF R. HALL and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book On the Principles of Contract Interpretation in American Law written by Kristian Huser and published by . This book was released on 1979 with total page 740 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by International Litigation in Press. This book was released on 2022 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
Download or read book Principles of Contractual Interpretation written by Richard Calnan and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of the work is to state the principles which guide anyone who has to interpret contracts. The interpretation of contracts is an art, not a science, and it is ultimately a matter of judgment about which two perfectly reasonable people can have quite different views. It is therefore important to understand the different approaches to interpretation. The outcome of cases concerning the interpretation of contracts is notoriously difficult to predict. The text explains why this is so and attempts to give guidance to those who interpret contracts. The work also considers related concepts, such as implied terms, rectification, and estoppel by convention, all of which play a part in the overall question of how contracts are read. It also contains a brief discussion of the effect of these principles on the way in which contracts should be drafted in practice.
Download or read book Interpretation of Contracts written by Catherine Mitchell and published by Routledge. This book was released on 2007-06-11 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Principles of Contract Law and Theory written by Larry D. DiMatteo and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This informative and accessible book reviews the core concepts of contract law and theory from an Anglo-American perspective. Larry A. DiMatteo deftly analyses the key principles, rules and frameworks which have shaped Anglo-American contract law, as well as highlighting important legislative acts that have changed and modernised its development.
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 Use of the UNIDROIT Principles to Interpret and Supplement Domestic Contract Law written by Alejandro Garro and published by Springer Nature. This book was released on 2020-11-03 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Principles of Legal Interpretation of Statutes Contracts and Wills written by E. A. Kellaway and published by MICHIE. This book was released on 1995 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Interpretation of Contracts in Comparative and Uniform Law written by Ahmet Cemil Yildirim and published by Kluwer Law International B.V.. This book was released on 2019-05-14 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Force Majeure and Hardship Under General Contract Principles written by Christoph Brunner and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.
Download or read book Common Sense Principles of Contract Interpretation and How We ve Been Using Them All Along written by Adam Kramer and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article proposes to take seriously Lord Hoffmann's influential restatement of the rules of contractual interpretation. Consequently, it seeks to investigate the 'common sense principles by which any serious utterance would be interpreted in ordinary life', with the aid of theoretical insights from psycholinguistics, pragmatics and the philosophy of language. Such an investigation provides a principled explanation for some of the key features of our legal rules of interpretation, such as the objective principle and the importance of the factual matrix and the parties' reasonable expectations. It is shown that the intended meaning of a contractual document goes far beyond the ordinary linguistic meaning of the document, and even far beyond the information that crossed the drafter's mind. The common sense principles are then used to explain some key cases on the interpretation of contracts.
Download or read book Intrinsic Principles of Contract Interpretation written by James Charles Mifsud and published by . This book was released on 1986 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Interpretation of Contracts written by Kim Lewison and published by . This book was released on 2017-12-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
