Title: Unified Approach to Contract Interpretation
Publisher: Hart Publishing Jun 2020
Publication Date: 2020
Language: English
ISBN 10: 1509927573
ISBN 13: 9781509927579
Binding: Buch
Condition: Neu
Dimensions: 234 millimeters width by 156 millimeters height by 26 millimeters depth
Weight: 588 grams

About this title

Synopsis

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.

About the Author

Ryan Catterwell is a Lecturer in Law at the TC Beirne School of law, University of Queensland.

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