A Unified Approach to Contract Interpretation
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A Unified Approach to Contract Interpretation
Book Hero Magic created this recommendation. While it's new and still learning, it may not be perfect - your feedback is welcome! IS THIS YOUR NEXT READ?
Based on author's thesis (doctoral - University of Sydney, 2017) issued under title: Construction in contract law: a logical and structured approach.
Offers a sophisticated yet simple framework for resolving conflicts of interpretation in contract law
Interpretation or construction is central to the operation of contract law. Despite the fundamental role it plays, there have been limited attempts to explain construction in holistic terms. This important book aims to fill that gap by offering a systematic exposition of the iterative process.
It also goes further, suggesting practical solutions to disputes regarding questions of interpretation. The book argues that construction is not simply about establishing what words mean; it is a process through which objective intention is inferred from the choice of words in a contract.
The interpretive process involves four steps: formulate the question of interpretation in dispute; explore competing answers to the question; analyse the admissible material supporting each interpretation; and weigh and balance the competing considerations.
By so doing, the book offers a simple yet sophisticated framework for interpreting and constructing contracts.
Series: Hart Studies in Private Law
View allBook Hero Magic summarised reviews for this book. While it's new and still learning, it may not be perfect - your feedback is welcome! HOW HAS THIS BEEN REVIEWED?
David McLauchlan from Victoria University of Wellington praises this work as a "considerable scholarship," highlighting its well-written, thoroughly researched, and powerfully argued approach, as noted in the Journal of Contract Law.
Book Details
INFORMATION
ISBN: 9781509927579
Publisher: Bloomsbury Publishing PLC
Format: Hardback
Date Published: 23 July 2020
Country: United Kingdom
Imprint: Hart Publishing
Audience: Tertiary education
DIMENSIONS
Width: 156.0mm
Height: 234.0mm
Weight: 621g
Pages: 320
About the Author
Ryan Catterwell is Lecturer in Law at the TC Beirne School of Law, University of Queensland, Australia.
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