基本説明
Offers guidance on the materials available to interpret a contract such as previous agreements, published precedents, pre-contract negotiations, and post-contractual conduct.
Full Description
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 ejusdem 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.
Contents
An overview. The purpose of interpretation. The materials available. Law and precedent. The meaning of words. Implied terms. The canons of construction. Ambiguity and uncertainty. Mistakes and inconsistencies. Preliminary parts of a deed. The subject matter of the contract. Exemption clauses. Certificates, consents, and deeming clauses. Stipulations as to time. Conditions and conditional obligations. Penalties, termination and forfeiture clauses. Force Majeure. Dispute resolution clauses.
