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A Unified Approach to Contract Interpretation

A Unified Approach to Contract Interpretation

Author: Ryan Catterwell
Publisher: Hart Publishing
ISBN: 9781509927579

Published In: July 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509944408

List Price: RM702.00

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Description
Contents

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.

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