Full Description
Written with the busy practitioner in mind, Principles of Contractual Interpretation offers a concise and authoritative guide to this complex area of commercial law. The authors distil the rules for constructing and interpreting contracts into ten core principles, each explored in its own chapter and illustrated with case law that shows how the principle operates in practice.
Now in its third edition, the book has been thoroughly revised to reflect eight years of developments in case law, considering landmark decisions such as Wells v Devani, Tesco v USDAW, Barton v Morris, Tinkler v HMRC, and FSHC Group Holdings Ltd v Glas Trust Corporation Ltd. New sections examine the enforceability of implied terms, the scope of rectification, purposive interpretation, and the role of good faith and entire agreement clauses.
With expanded coverage and updated commentary, this edition remains an indispensable resource for lawyers, judges, and anyone involved in drafting or litigating commercial contracts.
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 Meaning
6: Principle 6: Ambiguity
7: Principle 7: Unnatural Meaning
IV Adding Words
8: Principle 8: Implied Terms
V Changing Words
9: Principle 9: Rectification
10: Principle 10: Estoppel by Convention
Epilogue, Principles of Drafting, An Interpretation Clause
