Principles of Contractual Interpretation 2nd Edition

Contract Law

Principles of Contractual Interpretation 2nd Edition

By Richard Calnan
Oxford University Press March 2017

Specifications

ISBN-13
9780198792307
Publisher
Oxford University Press
Publication
March 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

Written with the busy practitioner in mind, this concise and insightful book sets out the principles that guide the courts in interpreting contracts.

Each principle is covered in its own dedicated chapter, supported by case law which illustrates how the principle works in practice and in its wider context. In addition to interpretation of contracts, the book also considers the implication of terms, rectification, and estoppel by convention.

This new edition considers the implications of key decisions of the Supreme Court in Arnold v Britton and Marks & Spencer v BNP Paribas, and BNY Mellon v LBG Capital. Other writing, including from judges writing extra-judicially, is also analysed.

This book provides an invaluable reference for lawyers drafting, interpreting and litigating on contracts.

Table of Contents

Prologue

I The Guiding Principle
1: Principle 1: Objective Intention

II Text and Context
2: Principle 2: The Text
3: Principle 3: The Whole Text
4: Principle 4: The Context

III Understanding Words
5: Principle 5: Natural Meanings
6: Principle 6: Ambiguities
7: Principle 7: Unnatural Meanings

IV Adding Words
8: Principle 8: Implied Terms

V Changing Words
9: Principle 9: Rectification
10: Estoppel by Convention

Epilogue: Epilogue, Principles of Drafting, An Interpretation Clause
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