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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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This book is now Out of Print.
A new edition was published, see:
The Interpretation of Contracts 5th ed with 2nd Supplement isbn 9780414031302

The Interpretation of Contracts 5th ed

ISBN13: 9780414023062
New Edition ISBN: 9780414031302
Previous Edition ISBN: 9780414041295
Published: December 2011
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

Out of Print

The Interpretation of Contracts offers expert guidance in preparing, advising on and disputing agreements. This new edition gives you practical help when you are faced with questions of disputed interpretation. It enables you to construct solid arguments based on the principles laid down by case law.

Starting with key principles including the maxims of interpretation such as the ejudsdem generis rule, it goes through the different components of a basic proposition followed by in-depth analysis and illustrated by the most relevant judicial decisions.

This title also helps you identify the materials available to interpret a contract such as previous agreements, published precedents, pre-contract negotiations and post contractual conduct. It covers the issue of addressing the role of a previous case law in interpreting a contract and the ‘golden rules’ for establishing the meaning of a word, including scientific and technical terms. You will have the best resource to avoid future disputes over meaning.

  • Examines the rules of contract interpretation to assist you in preparing, advising on and disputing agreements
  • Provides real value in advising on the likely outcome of a contractual dispute so you pursue the strands most likely to succeed
  • Uses a practical research style covering each area that might be disputed between parties to a contract
  • Provides information in a clear structure with a general proposition followed by detailed explanation and then quotations from judgements
  • Helps you navigate the key statute and case developments in contract law
  • Includes two new chapters covering Force Majeure Clauses and Dispute Resolution Clauses
  • Offers expert guidance to the choice of jurisdictions clauses and choice of law clauses
  • Discusses the issue of implied terms which have been rewritten in the light of the decision in AG of Belize v Belize Telecom
  • Covers the recent issue of blank spaces in contracts, the role of published precedents and the maxim noscitur a sociis
  • Provides extended discussion of the ways in which terms may be incorporated into contracts
  • Covers the developments in pre-contractual negotiations rewritten in light of Chartbrook v Persimmon
  • Includes updated coverage on the latest developments and case law

Contract Law
Chapter 1: An Overview
Chapter 2: The Purpose of Interpretation
Chapter 3: The Materials Available
Chapter 4: Law and Precedent
Chapter 5: The Meaning of Words
Chapter 6: Implied Terms
Chapter 7: The Canons of Construction
Chapter 8: Ambiguity and Uncertainty
Chapter 9: Mistakes and Inconsistencies
Chapter 10: Preliminary Parts of a Deed
Chapter 11: Parcels and the Subject Matter of the Contract
Chapter 12: Exemption Clauses
Chapter 13: Force Majeure Clauses
Chapter 14: Certificates, Consents and Deeming Clauses
Chapter 15: Stipulations as of Time
Chapter 16: Conditions and Conditional Obligations
Chapter 17: Penalties, Termination and Forfeiture Clauses
Chapter 18: Dispute Resolution Clauses.