A Unified Approach to Contract Interpretation

Law › Business / Commercial Law

A Unified Approach to Contract Interpretation

By Ryan Catterwell
Hart Publishing January 2022

Specifications

ISBN-13
9781509944408
Publisher
Hart Publishing
Publication
January 2022
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

Interpretation or construction is central to the operation of contract law. Despite the fundamental role it plays, there have been very limited attempts to explain construction in holistic terms. This important book aims to fill that gap by offering a systemic exposition of the iterative process. It goes further, suggesting practical solutions to disputes on the question of interpretation. The book argues that construction is not simply inferring meaning from the words in the contract. What is involved is in fact a four step process involving formulating the key question of interpretation under dispute; exploring competing answers to the dispute; exploring the admissible material supporting the interpretation; and weighing up the competing considerations. By so doing, it offers a simple yet sophisticated framework for interpreting/constructing contracts.

Table of Contents

1. Introduction
1.1. An Overview
1.2. The Problems
1.3. The Proposed Approach to Contract Interpretation
1.4. Research Method
1.5. The Structure of this Book
PART I. THE THEORY OF CONTRACT INTERPRETATION
2. Theories of Contract Interpretation
2.1. Introduction
2.2. The Aim of Contract Interpretation
2.3. The Method of Contract Interpretation
2.4. Conclusion
3. The Key Features of Contract Interpretation
3.1. Introduction
3.2. Interpretive Materials
3.3. Interpretive Principles and Maxims
3.4. Interpretive Problems
3.5. Conclusion
4. A Unified Theory of Contract Interpretation
4.1. Introduction
4.2. The Aim of Contract Interpretation
4.3. The Method of Contract Interpretation
4.4. Conclusion
PART II. THE PRACTICE OF CONTRACT INTERPRETATION
5. The Cognition of Contract Interpretation: A Four-Stage Process
5.1. Introduction
5.2. The Interpretive Process in Action
5.3. The Four Stages of Contract Interpretation
5.4. Conclusion
6. The Practice of Contract Interpretation: The Resolution of Interpretive Disputes
6.1. Introduction
6.2. The Resolution of Interpretive Disputes
6.3. Clear Cases: One-Sided Disputes
6.4. Determinative Arguments: Breaking the Deadlock
6.5. Strict Literal Interpretation: A Lack of Sensible Justification
6.6. Linguistic Interpretation and Purposive Construction
6.7. Linguistic Interpretation and Consequentialist Construction
6.8. Textual Conflicts and the Search for Auxiliary Support
6.9. Conclusion
7. The Role of Interpretation in Contract Law
7.1. Introduction
7.2. The Cognition of Contract Law
7.3. The Definition of the Contract
7.4. The Identity and Capacity of the Parties
7.5. Characterisation
7.6. Contract Doctrine and Non-Interpretive Inferences of Intention
7.7. Conclusion
8. Conclusion
8.1. A Brief Synopsis
8.2. Potential Limitations and Criticisms
8.3. Looking to the Future
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