The Interpretation of Contracts, 5th Edition (Mainworks + 2nd Supplement)

Author: Kim Lewison
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414031302
Published In: November 2014
Format: Hardback + Paperback , 862 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

Description
Contents

Details

The Interpretation of Contracts offers expert guidance in preparing, advising on and disputing agreements. This new edition gives you practical help when you are faced with questions of disputed interpretation. It enables you to construct solid arguments based on the principles laid down by case law.

Starting with key principles including the maxims of interpretation such as the ejudsdem generis rule, it goes through the different components of a basic proposition followed by in-depth analysis and illustrated by the most relevant judicial decisions.

This title also helps you identify the materials available to interpret a contract such as previous agreements, published precedents, pre-contract negotiations and post contractual conduct. It covers the issue of addressing the role of a previous case law in interpreting a contract and the ‘golden rules’ for establishing the meaning of a word, including scientific and technical terms. You will have the best resource to avoid future disputes over meaning.

Examines the rules of contract interpretation to assist you in preparing, advising on and disputing agreements
Provides real value in advising on the likely outcome of a contractual dispute so you pursue the strands most likely to succeed
Uses a practical research style covering each area that might be disputed between parties to a contract
Provides information in a clear structure with a general proposition followed by detailed explanation and then quotations from judgements
Helps you navigate the key statute and case developments in contract law
Includes two new chapters covering Force Majeure Clauses and Dispute Resolution Clauses
Offers expert guidance to the choice of jurisdictions clauses and choice of law clauses
Discusses the issue of implied terms which have been rewritten in the light of the decision in AG of Belize v Belize Telecom
Covers the recent issue of blank spaces in contracts, the role of published precedents and the maxim noscitur a sociis
Provides extended discussion of the ways in which terms may be incorporated into contracts
Covers the developments in pre-contractual negotiations rewritten in light of Chartbrook v Persimmon
Includes updated coverage on the latest developments and case law

Chapter 1: An Overview
Chapter 2: The Purpose of Interpretation
Chapter 3: The Materials Available
Chapter 4: Law and Precedent
Chapter 5: The Meaning of Words
Chapter 6: Implied Terms
Chapter 7: The Canons of Construction
Chapter 8: Ambiguity and Uncertainty
Chapter 9: Mistakes and Inconsistencies
Chapter 10: Preliminary Parts of a Deed
Chapter 11: Parcels and the Subject Matter of the Contract Chapter 12: Exemption Clauses
Chapter 13: Force Majeure Clauses
Chapter 14: Certificates, Consents and Deeming Clauses
Chapter 15: Stipulations as of Time
Chapter 16: Conditions and Conditional Obligations
Chapter 17: Penalties, Termination and Forfeiture Clauses
Chapter 18: Dispute Resolution Clauses.