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Elements of Contract Interpretation

Elements of Contract Interpretation

Author: Steven J. Burton
Publisher: Oxford University Press USA
ISBN: 9780195337495
Published In: January 2009
Format: Hardback , 256 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Sketches a clear overview of contract theory for the busy practitioner.
Provides a clear map of contract interpretation for both the practitioner and student market by clarifying the sometimes elusive circumstances and terms of a contract.
Supplies tenets of contract interpretation that can be used in all jurisdictions.

This book describes and analyzes the law of contract interpretation in the United States, offering a strong guide for legal practitioners, judges, and scholars involved in contract law. Structured along two dimensions, Elements of Contract Interpretation first takes a look at the "elements" within contract interpretation. This includes the particular sources of evidence, the building blocks of interpretation that the courts recognize when interpreting contracts. Such examples include the governing contract terms; the circumstances when the contract is made; each party's purpose; usages; and the maxims of contract interpretation.

The second dimension is three theories of contract interpretation - literalism, objective theory, and subjective theory. Each theory allows a court to recognize a different set of interpretive elements, and, in practice, how the law of different jurisdictions in the U.S. endorse one theory or another. Since some jurisdictions combine theories within a two- or three-step framework for analysis, this type of law makes this book a primary resource for both practitioners and academics.

Readership: Scholars, law students, and practitioners involved in contracts

Preface
Chapter 1: Goals, Tasks and Theories
Chapter 2: The Elements
Chapter 3: Identifying the Terms
Chapter 4: The Ambiguity Question
Chapter 5: Resolving Ambiguities
Chapter 6: Objective Contextual Interpretation
Index

Steven J. Burton is the John F. Murray Professor of Law at the University of Iowa. He has taught for over 30 years and published two books on contract law, Principles of Contract Law (3rd ed. 2006) and Contractual Good Faith (1995). He has also published three additional books, and multiple journal articles on contract law. Professor Burton occasionally serves as an arbitrator or expert witness in cases involving contract disputes. He was also a Fulbright Scholar, a University Faculty Scholar, and a recipient of the Burlington-Northern Faculty Achievement Award for Excellence in Teaching.

"Burton's challenging analysis constitutes an enormously valuable contribution to our understanding of contractual interpretation issues." - John D. McCamus, York University, UK