Author : Kim Lewison
Publisher :
Page : 119 pages
File Size : 10,35 MB
Release : 2013
Category : Contracts
ISBN : 9780414029064
The 5th edition provides thorough treatment of one of the most fundamental areas of law - the interpretation of contracts. All those drafting, revising or advising on written agreements will benefit from its detailed discussion of the rules of contract interpretation.
Author : Catherine Mitchell
Publisher : Routledge
Page : 175 pages
File Size : 47,62 MB
Release : 2007-06-11
Category : Law
ISBN : 1134061714
In this volume Mitchell examines case law, academic debate and the resurgence of interest in formalist contract interpretation in the US to explore the meaning of contextual interpretation, arguments for and against it and suggestions on how parties may influence the interpretation methods applied to their agreement. Identifying controversial issues, arguments and analyzing possible future developments, this book addresses a range of questions, including: How far should it be possible for courts, through the process of interpretation, to control the bargain made between parties? Are judges applying the principles of interpretation in the same way? What is the relevant context of an agreement? Should contracting parties be able to opt out of a particular interpretative approach by use of mechanisms such as entire agreement clauses? Short and concise, this is a useful reference tool for those interested in contract and tort law.
Author : Yuliya Chernykh
Publisher : BRILL
Page : 629 pages
File Size : 33,52 MB
Release : 2022-01-17
Category : Law
ISBN : 9004414703
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Author : C. J. W. Baaij
Publisher :
Page : 0 pages
File Size : 16,52 MB
Release : 2020
Category : Commercial law
ISBN : 9781780689593
This book is a unique and extensive comparative study of commercial contract interpretation across 14 selected jurisdictions, namely Croatia, England and Wales, Finland, France, Germany, Greece, Italy, The Netherlands, Poland, Portugal, Scotland, South Africa, Spain and Sweden. Using a dynamic comparative case method, the focus is centered on the discussion of key legal problems, further examined in a detailed and comprehensive comparative analysis. Contributions written from a law and economics, and European private law perspectives place the key legal issues into context and make Interpretation of Commercial Contracts in European Private Law a coherent and valuable resource for academics and practitioners with a European or International focus.
Author : GEOFF R. HALL
Publisher :
Page : pages
File Size : 46,32 MB
Release : 2020
Category :
ISBN : 9780433502333
Author : Richard Calnan
Publisher : OUP Oxford
Page : 0 pages
File Size : 43,67 MB
Release : 2013-09
Category : Law
ISBN : 9780199681464
This book re-evaluates the rules of construction and explains clearly the principles which guide the courts in interpreting contracts.
Author : Ayşe Nihan Karadayı Yalım
Publisher :
Page : 0 pages
File Size : 32,89 MB
Release : 2019
Category : Commercial law
ISBN : 9781780688084
This is an overview of interpretation and gap filling mechanisms in international commercial contracts covering CISG, UNIDROIT Principles, PECL and DCFR.
Author : Denise Rousseau
Publisher : SAGE
Page : 264 pages
File Size : 23,96 MB
Release : 1995-05-18
Category : Business & Economics
ISBN : 9780803971059
Bringing together a wide range of theory from social and cognitive psychology, organizational behaviour, organizational learning and the management of change, this text draws useful conclusions about important psychological processes.
Author : Kim Lewison
Publisher :
Page : 452 pages
File Size : 34,39 MB
Release : 2011
Category : Contracts
ISBN : 9780455228686
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. 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.
Author : Charles M. Fox
Publisher : Practising Law Institute
Page : 312 pages
File Size : 22,76 MB
Release : 2002
Category : Law
ISBN : 9781402401589
Contract drafting is different from the other types of writing that a new lawyer is faced with. Law school contracts classes rarely consider the issues that arise in sophisticated commercial transactions. A new lawyer is therefore forced to learn by doing and observing -- in high-pressure 'on the job' training. Now there is help. Working with Contracts: What Law School Doesn't Teach You provides the beginning lawyer with an operative understanding of the vocabulary and the building blocks of contracts. It introduces the basic elements of all contracts; describes the lawyer's role in the drafting and negotiating process; discusses amendments, waivers, and consents; and addresses issues that arise in reviewing contracts, including due diligence issues. It also offers sample provisions, drafting checklists, and an expansive glossary of contract language and basic transactional practice.
