A Unified Approach to Contract Interpretation PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download A Unified Approach to Contract Interpretation PDF full book. Access full book title A Unified Approach to Contract Interpretation by Ryan Catterwell. Download full books in PDF and EPUB format.
Author: Ryan Catterwell
Publisher: Bloomsbury Publishing
ISBN: 150992759X
Category : Law
Languages : en
Pages : 319
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 : 319
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: Catherine Mitchell
Publisher: Routledge
ISBN: 1134061706
Category : Law
Languages : en
Pages : 256
Get Book Here
Book Description
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: Paul S. Davies
Publisher: Oxford University Press
ISBN: 0198733534
Category : Law
Languages : en
Pages : 527
Get Book Here
Book Description
Clear and case-driven with incisive analysis; this is a seminal text fully modernized by a prize-winning author and scholar. Building on the classic work by Professor Sir JC Smith, Paul S Davies has fully updated this text for today's students, retaining the clarity, authority, and rigour for which the original was celebrated. This book offers an accessible, straightforward introduction to the basic principles of contract law; the chapters are concise, but detailed, and ideal for those studying this topic on an undergraduate course. Crucial issues surrounding cases are explored, along with the debates about the extent and reach of the law to offer a considered view of the doctrines as they stand. JC Smith's The Law of Contract provides you with: Full and integrated coverage of the latest developments including the Consumer Rights Act 2015 and the judgments on penalty clauses; Student-friendly features including: key points, end-of-chapter questions, further reading guidance, and a legal glossary. Book jacket.
Author: California (State).
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 504
Get Book Here
Book Description
Received document entitled: APPENDIX IN SUPPORT OF PETITION FOR WRIT
Author: Jonathan Morgan
Publisher: Cambridge University Press
ISBN: 110747020X
Category : Law
Languages : en
Pages : 314
Get Book Here
Book Description
Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
Author:
Publisher:
ISBN:
Category : Labor
Languages : en
Pages : 1114
Get Book Here
Book Description
Author:
Publisher:
ISBN:
Category : Government purchasing
Languages : en
Pages : 1562
Get Book Here
Book Description
Author: Lee Roach
Publisher: Oxford University Press, USA
ISBN: 0198704127
Category : Business & Economics
Languages : en
Pages : 905
Get Book Here
Book Description
Card & James' Business Law is the most detailed and analytical account of business law for those new to the subject. It provides commanding analysis of the English legal system, contract law, tort law, and commercial law together with coverage of company law, and the relevant aspects of employment law. All of this is discussed using relevant examples from the business environment, and the key legal cases to help develop a greater understanding of the interconnections between the law and corporate setting. The new learning features which have been incorporated throughout make a difficult subject more accessible and support study; key case, example, and discussion boxes demonstrate the application of law and highlight core principles, whilst self-test questions allow students to assess their progress. Online Resource Centre The accompanying Online Resource Centre provides a wealth of resources for students to further develop their understanding and test their knowledge, including additional practice questions with answers, a flashcard glossary of key legal terms and quarterly audio updates. Also included is a testbank of MCQs for lecturer use.
Author: Antonin Scalia
Publisher: West Publishing Company
ISBN: 9780314275554
Category : Judicial process
Languages : en
Pages : 0
Get Book Here
Book Description
In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
Author: Michael Wendler
Publisher: Springer Science & Business Media
ISBN: 3662080656
Category : Law
Languages : en
Pages : 236
Get Book Here
Book Description
A clear and precise overview of the key aspects of German business law. Written by attorneys involved in the daily practice of business law in Germany, this book is aimed at people who wish to familiarise themselves quickly with the German legal system and the manner in which it influences business purchases, establishment, operations and liquidations. Throughout, special attention has been paid to highlighting and explaining the differences between the German legal system and that of the United States, although the intention is to provide information that will prove valuable to all foreigners, particularly business people and lawyers advising clients with an interest in doing business in Germany.
