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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 modernise the approach to the interpretation of contractual instruments. This work provides a comprehensive account of the principles involved, focusing on the practitioners' needs, tackling modernisation 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.