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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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The Interpretation of Contracts 5th ed: 2nd Supplement (eBook)

ISBN13: 9780414036840
Published: November 2014
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: eBook (ProView)
Price: Out of print
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The Interpretation of Contracts offers expert guidance in preparing, advising on and disputing agreements. This new edition enables you to construct solid arguments based on the principles laid down by case law, so you are always prepared to face any questions of disputed interpretation.

This is the Second Supplement updating the Fifth Edition of The Interpretation of Contracts by Sir Kim Lewison. The work includes fresh commentary and cases covering each chapter of the main work, updating the Fifth Edition to the end of September 2014.

The Second Supplement updates readers on key developments in case law including:

  • The application of the parol evidence rule: BMIC v Chinnakannan
  • The scope of an entire agreement clause: Barclays Bank v Unicredit
  • The relevance of subsequent conduct: HMRC v Secret Hotels
  • When a word is a legal term of art: Ageas v Kwik-Fit and T & L Sugars v Tate & Lyle
  • The evolution of the Belize test for implied terms
  • The contra proferentem principle
  • The correction of mistakes by construction: Honda Motor v Powell
  • The approach to interpreting exemption clauses: Capita v RFIB
  • Conclusive evidence clauses: University of Brighton v Dovehouse
  • The exercise of contractual discretion
  • Compliance with conditions attached to options: Siemens v Friends Life
  • Penalty clauses: Makdessi v Cavvendish Square
With over 100 new case references since the First Supplement, this is a clear and concise update of the essential main work.