A Unified Approach to Contract Interpretation PDF Download
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Author: Ryan Catterwell
Publisher:
ISBN: 9781509927609
Category : Contracts
Languages : en
Pages :
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Book Description
"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/constructing contracts"--
Author: Ryan Catterwell
Publisher:
ISBN: 9781509927609
Category : Contracts
Languages : en
Pages :
Get Book Here
Book Description
"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/constructing contracts"--
Author: Ryan Catterwell
Publisher: Bloomsbury Publishing
ISBN: 150992759X
Category : Law
Languages : en
Pages : 320
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Book Description
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/constructing contracts.
Author: Richard K. Neumann Jr.
Publisher: Aspen Publishing
ISBN: 1454897775
Category : Law
Languages : en
Pages : 689
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Book Description
Designed for upper-level survey legal drafting courses, this groundbreaking text explains drafting using a common vocabulary that applies to any legal document based on a fundamental rule structure, including statutes and other forms of public drafting as well as contracts and other forms of private drafting. This unified drafting approach gives students a common denominator approach to drafting all kinds of legal documents. In addition, students can use the techniques they’ve learned to deconstruct, interpret, and revise any kind of legal document composed of rules. This common-sense approach of teaching/learning a single vocabulary and set of skills to use in drafting any rules-based legal document is an innovative model for U.S. legal drafting courses, though it has been used in other countries for decades. Key Features: A unified approach that teaches students the general skills of drafting rules of law—duties, discretionary authority, and declarations, including their conditions in legal tests. Practice applying those skills to drafting a range of documents, including contracts, statutes, regulations, and other. Coverage of how courts interpret the rules and how to draft anticipating what the courts will do. An understanding of how law governs human behavior through the rules that students learn to draft. A wide range of classroom exercises on the detail of drafting. Additional drafting assignments, for use in and out of class, that help students learn how to use the rules and to accomplish clients’ goals.
Author: Ahmet Cemil Yildirim
Publisher: Kluwer Law International B.V.
ISBN: 9403511044
Category : Business & Economics
Languages : en
Pages : 328
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Book Description
Due to the globalized nature of modern commerce, arbitrators and legal counsel are often required to interpret contracts according to the rules of legal systems that are different from their own. Thus a thorough comparative examination of the principles of interpretation of contracts in major legal systems and uniform laws, such as this indispensable book provides, becomes an essential resource. The book examines the principles of contract interpretation found in seven legal systems—French, Italian, German, Swiss, Turkish, English, and U.S.—as well as in all applicable uniform laws, drawing on the case law and scholarship aligned with each. In addition to texts intended to unify or harmonize the law at a global level, the European Union’s uniform law texts, which constitute an important reference model for regional codifications, are also presented. The terminology peculiar to each system has been preserved in its language. Specific issues and topics raised include the following: “subjective” versus “objective” interpretation; historical reasons for basic differences in the approaches of individual legal systems; the principle of freedom of contract; good faith and fair dealing; rules that restrict the interpretation of contracts; and commercial usages. The author’s systematic presentation culminates in a proposal of a practical and universal method of interpretation of contracts. Given the importance of the interpretation of contracts in cross-border transactions, every practitioner of international arbitration will welcome this incomparable book’s easy access to the essential literature and case law in the legal systems and uniform laws they are most likely to encounter. Corporate counsel, scholars, and academics will discover the only detailed comparative overview available of the theory and practice of the interpretation of contracts.
Author: Kate Elisabeth Morrison
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 94
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Book Description
Author: MARTHA. ERTMAN
Publisher: Foundation Press
ISBN: 9781683287971
Category :
Languages : en
Pages : 750
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Book Description
Contracts: An Integrated Approach (Doctrine and Practice Series) conveys traditional contract doctrine in a user-friendly format designed to reach 21st century students. Its integrated online and hard-copy elements provide a sophisticated interactive educational experience that professors can administer even in large classes. Each new topic starts with a short 5-minute video that gives students a "mind map" or "scaffold" for the upcoming material. Short quizzes in the videos and at the end of each chapter provide on-line formative assessments of ascending difficulty. The hard-copy text poses questions before and after each case to direct attention to core issues and stimulate deeper thinking, and also features text boxes to define crucial legal terms or provide cross-references. Both hard copy-and online materials are presented in a visually compelling format to keep students engaged. The balance of time-tested classic cases and recent opinions provides relevant fact situations and also illustrates the continuing relevance of ancient doctrines in new contexts such as online adhesion contracts. Other innovative features of the book include: Multiple formative exercises Problem sets to apply doctrine and introduce drafting terms, concepts & techniques Embedded quizzes in on-line introductory videos End-of-chapter bar exam style multiple choice quizzes Experiential elements such as practice-pointer text boxes Images throughout the text that emphasize doctrines' real-life implications Inclusivity through gender and racially diverse photos of judges, avatars in videos, and pronoun use in hypotheticals
Author: Yuliya Chernykh
Publisher: International Litigation in Press
ISBN: 9789004414679
Category : Law
Languages : en
Pages : 632
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Book Description
"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Author: Peter Benson
Publisher: Harvard University Press
ISBN: 0674237595
Category : Law
Languages : en
Pages : 625
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Book Description
Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.
Author: GEOFF R. HALL
Publisher:
ISBN: 9780433502333
Category :
Languages : en
Pages :
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Book Description
Author: Sugata Bag
Publisher: Springer
ISBN: 3319652680
Category : Law
Languages : en
Pages : 215
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Book Description
This book examines the main issues arising in economic analysis of contract law with special attention given to the incomplete contracts. It discusses both the main features of contract law as they relate to the problem of economic exchange, and how the relevant legal rules and the institutions can be analysed from an economic perspective. Evaluate the welfare impacts, analyses the effects and the desirability of different breach remedies and examines the optimal incentive structure of party-designed liquidated damages under the different dimensions of informational asymmetry. Overall the book aims to contribute to the legal debate over the adoption of the specific breach remedies when the breach victim’s expectation interest is difficult to assess, and to the debate over courts' reluctance to implement large penalties in the event of breach of contracts.
