Interpretation Of Contracts
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Author |
: Kim Lewison |
Publisher |
: |
Total Pages |
: 119 |
Release |
: 2013 |
ISBN-10 |
: 0414029062 |
ISBN-13 |
: 9780414029064 |
Rating |
: 4/5 (62 Downloads) |
Synopsis Interpretation of Contracts by : Kim Lewison
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 |
Total Pages |
: 175 |
Release |
: 2007-06-11 |
ISBN-10 |
: 9781134061716 |
ISBN-13 |
: 1134061714 |
Rating |
: 4/5 (16 Downloads) |
Synopsis Interpretation of Contracts by : Catherine Mitchell
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 |
: GEOFF R. HALL |
Publisher |
: |
Total Pages |
: |
Release |
: 2020 |
ISBN-10 |
: 0433502339 |
ISBN-13 |
: 9780433502333 |
Rating |
: 4/5 (39 Downloads) |
Synopsis CANADIAN CONTRACTUAL INTERPRETATION LAW. by : GEOFF R. HALL
Author |
: C. J. W. Baaij |
Publisher |
: |
Total Pages |
: 0 |
Release |
: 2020 |
ISBN-10 |
: 1780689594 |
ISBN-13 |
: 9781780689593 |
Rating |
: 4/5 (94 Downloads) |
Synopsis Interpretation of Commercial Contracts in European Private Law by : C. J. W. Baaij
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 |
: Yuliya Chernykh |
Publisher |
: International Litigation in Press |
Total Pages |
: 632 |
Release |
: 2022 |
ISBN-10 |
: 9004414673 |
ISBN-13 |
: 9789004414679 |
Rating |
: 4/5 (73 Downloads) |
Synopsis Contract Interpretation in Investment Treaty Arbitration by : Yuliya Chernykh
"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 |
: Ayşe Nihan Karadayı Yalım |
Publisher |
: |
Total Pages |
: 0 |
Release |
: 2019 |
ISBN-10 |
: 1780688083 |
ISBN-13 |
: 9781780688084 |
Rating |
: 4/5 (83 Downloads) |
Synopsis Interpretation and Gap Filling in International Commercial Contracts by : Ayşe Nihan Karadayı Yalım
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 |
Total Pages |
: 264 |
Release |
: 1995-05-18 |
ISBN-10 |
: 0803971052 |
ISBN-13 |
: 9780803971059 |
Rating |
: 4/5 (52 Downloads) |
Synopsis Psychological Contracts in Organizations by : Denise Rousseau
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 |
: |
Total Pages |
: 452 |
Release |
: 2011 |
ISBN-10 |
: 045522868X |
ISBN-13 |
: 9780455228686 |
Rating |
: 4/5 (8X Downloads) |
Synopsis The Interpretation of Contracts in Australia by : Kim Lewison
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 |
: Aharon Barak |
Publisher |
: Princeton University Press |
Total Pages |
: 444 |
Release |
: 2011-10-16 |
ISBN-10 |
: 9781400841264 |
ISBN-13 |
: 1400841267 |
Rating |
: 4/5 (64 Downloads) |
Synopsis Purposive Interpretation in Law by : Aharon Barak
This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately. Barak explains purposive interpretation as follows: All legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. In purposive interpretation, the text's "purpose" is the criterion for establishing which of the semantic meanings yields the legal meaning. Establishing the ultimate purpose--and thus the legal meaning--depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text's author and the intent of a reasonable author and of the legal system at the time of interpretation. This is easy to establish when the subjective and objective purposes coincide. But when they don't, the relative weight given to each purpose depends on the nature of the text. For example, subjective purpose is given substantial weight in interpreting a will; objective purpose, in interpreting a constitution. Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.
Author |
: Charles M. Fox |
Publisher |
: Practising Law Institute |
Total Pages |
: 312 |
Release |
: 2002 |
ISBN-10 |
: 1402401582 |
ISBN-13 |
: 9781402401589 |
Rating |
: 4/5 (82 Downloads) |
Synopsis Working with Contracts by : Charles M. Fox
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.