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The Interpretation of Contracts in Australia

The Interpretation of Contracts in Australia

Author: Lord Justice Lewison; David Hughes
Publisher: Lawbook Co.
ISBN: 9780455228686
Published In: October 2011
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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The Interpretation of Contracts in Australia provides practitioners with essential guidance on the construction and interpretation of contracts, including in difficult matters of disputed interpretation.

This adaptation of the widely acclaimed English title The Interpretation of Contracts by Sir Kim Lewison has been long awaited. Former Chief Justice Spigelman of the Supreme Court of NSW writes in the Foreword to this work:

“Some years ago I indicated … an Australian version would be very welcome. I am very pleased David Hughes has undertaken the task to assist Sir Kim to produce an Australian edition … I have no doubt it will make a significant contribution to both the drafting and the application of contracts in the Australian legal system.”

Now barrister David Hughes and Sir Kim Lewison have thoroughly revised the English text to reflect Australian law, while retaining the structure and principles of interpretation of the first nine chapters of the English edition.

These principles of construction and interpretation are discussed in chapters which proceed through the key rules governing each of them. Extracts and summaries of decisions are provided to illustrate the application of those rules. The text’s insights will inform the process of drafting or revising a contract by identifying key principles and discussing them comprehensively, yet concisely, with reference to case law.

By enabling lawyers to construct arguments rooted in the case law, this new Australian work will help lawyers better challenge contracts and explain their inadequacies.

The Interpretation of Contracts in Australia provides an indispensable resource on contracts and is certain to become a leading work in its field.
Chapter 1 – Introduction and 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