Elements of Contract Interpretation PDF Download
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Author: Steven J. Burton
Publisher: Oxford University Press
ISBN: 0195337492
Category : Law
Languages : en
Pages : 251
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Book Description
This resource describes and analyses the law of contract interpretation in the United States, offering a strong guide for legal practitioners, judges, and scholars involved in contract law.
Author: Steven J. Burton
Publisher: Oxford University Press
ISBN: 0195337492
Category : Law
Languages : en
Pages : 251
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Book Description
This resource describes and analyses the law of contract interpretation in the United States, offering a strong guide for legal practitioners, judges, and scholars involved in contract law.
Author: GEOFF R. HALL
Publisher:
ISBN: 9780433502333
Category :
Languages : en
Pages :
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Book Description
Author: Catherine Mitchell
Publisher: Routledge
ISBN: 1134061714
Category : Law
Languages : en
Pages : 175
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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: Kim Lewison
Publisher:
ISBN: 9780414029064
Category : Contracts
Languages : en
Pages : 119
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Book Description
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: 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: Kent Greenawalt
Publisher: Oxford University Press
ISBN: 0190882867
Category : Law
Languages : en
Pages : 185
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Book Description
In Realms of Legal Interpretation, Kent Greenawalt focuses on how courts decide what is legally forbidden or authorized, and how context shapes their decisions. The problem, he argues, is that we do not, and never have, agreed exist on all the details of the standards United States judges should employ--like everyone else, judges have different ideas of what constitutes good common sense.
Author: Kim Lewison
Publisher:
ISBN: 9780414062719
Category :
Languages : en
Pages :
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Book Description
Author: Catherine Mitchell
Publisher: Taylor & Francis
ISBN: 1317645979
Category : Law
Languages : en
Pages : 194
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Book Description
This book is a second edition of Interpretation of Contracts (2007). The original work examined various issues surrounding the question of how contracts should be interpreted by courts, in particular focusing on the law of contract interpretation following Lord Hoffmann’s exposition of the principles of contextual interpretation in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896. As with the original, this new edition provides an overview of the subject, concentrating on elements of controversy and disagreement, rather than a detailed analysis of all the contract law rules and doctrines that might be regarded as interpretative in one sense or another. The book will be concerned with interpretation of contracts generally (following the rule that there are not different rules of interpretation for different kinds of contracts), but with reference to commercial contracts in particular, since this is the area in which the contextual interpretative approach was developed, and where it has most relevance. The overall aim of the second edition remains the same as the first – to produce an accessible and readable guide to contract interpretation for law students, scholars and practitioners.
Author: Arthur Linton Corbin
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 512
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Book Description
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.