The Construction of Contracts - Hardcover

McMeel, Gerard

Hardcover

ISBN 10: 0199582483 ISBN 13: 9780199582488

Publisher: Oxford University Press, 2011

Synopsis

This new edition provides a clear and comprehensive account of the legal principles and doctrines that come into play whenever parties disagree about the meaning and effect of contractual words. It is particularly useful for solicitors and barristers litigating disputes in the fields of commercial, corporate, banking, financial services and property law.

The common law principles and techniques of construction have recently come to greater prominence as judges seek to modernize the approach to the interpretation of contractual instruments. The Construction of Contracts provides a comprehensive account of the principles involved, focusing on the practitioners' needs, tackling modernization head on and equipping readers with the necessary means to avoid pitfalls in contractual provisions.

The coverage extends to related rules and doctrines, including rectification and implication of terms, and consideration of the status of the controversial 'parol evidence rule.' The book also considers the nature of effect of particular types of contractual provision, including warranties and indemnities, exemption clauses, force majeure clauses and entire agreement clauses.

Content new to this edition includes coverage of additional clauses such as retention of title, arbitration, choice of law and jurisdiction, as well as an examination of the relationship between the rules for the interpretation of contracts and other juridical uses of interpretation such as statutory interpretation, construction of memorandum and articles of association, construction of wills, and patents.

About this title

About the Author

Gerard McMeel is Professor of Law at the University of Bristol and writes widely on contract law and commercial and financial legal matters. He is a graduate of Brasenose College, Oxford University. Gerard is a barrister at Guildhall Chambers in Bristol and specializes in both commercial and financial disputes. He is also a Door Tenant of Quadrant Chambers, a leading commercial set in London. Gerard combines an academic interest in commercial and financial law with an active private practice in the field. This work on contractual interpretation proceeds from earlier work in the field, and is in part the result of lecturing on the subject to lawyers across England and Wales.

Review

..academic interest in the subject has increased markedly in recent years and there are now some excellent new books on the subject: see, for example, Gerard McMeel, The Construction of Contracts: Interpretation, Implication and Rectification (2007) * Review of previous edition, Professor David McLauchlan, (2009) 31 Sydney LR 5 * A reflective and scholarly treatment of the principles and policies underlying the construction of contracts and related doctrines"; "an incisive analysis of the development of doctrine * Review of previous edition, Peter McDonald Eggars QC [2008] Lloyd's Maritime and Commercial Law 411 * It is a thoroughly impressive text and one which I hope will be regularly updated over the years to come. If it is, it will continue to become a favourite for all lawyers and, no doubt, aide judges tackling difficult commercial cases. * The Student Law Journal * The appearance of a second edition of Gerald McMeel's book is a welcome reminder of how useful it is. Containing a lot of insightful material on general contract law, I found the discussion invaluable * Professor Michael Furmston, Dean, School of Law and Professor of Law, Singapore Management University *

Edition details

• Publisher: Oxford University Press
• Publication date: 2011
• ISBN 10: 0199582483
• ISBN 13: 9780199582488
• Binding: Hardcover
• Language: English
• Edition number: 2
• Number of pages: 864