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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Construction of Commercial Contracts (eBook)

ISBN13: 9781782250579
Published: January 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £108.32 + £21.67 VAT
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This book adopts a principled approach to the law applied in the construction of commercial contracts. This approach is presented as part of a coherent theory of the law of contract construction which makes a unique contribution to scholarship and understanding of the most important aspect of the practice of commercial lawyers.

The law is explained by reference to three stages in construction. It distinguishes the preliminary stage in which context is established, from the 'meaning' and 'application' stages of contract construction. The approach provides insights both into the practical problems that lawyers face, in particular in relation to admissibility of extrinsic evidence, and the theoretical underpinnings of the subject. The book also explains the relationship between intention and construction, and discusses general and specific rules that determine the results of construction disputes.

Each chapter is introduced by statements of its objectives and the book includes simple definitions of key concepts, as well as summaries of the complex principles which comprise the law of construction. In illustrating construction principles and their application, the exposition of the law draws on the author's knowledge of Australian contract law and the influence and role of the UNIDROIT principles, CISG and the American Restatement (Second) Contracts.

Contract Law, Commercial Law, eBooks
1. What Is Construction?

2. Construction and Intention
3. Construction and Implication

4. General and Specific Construction Rules
5. The ICS Principles

6. Role of Context
7. Scope of Context P

8. Categories of Extrinsic Evidence
9. Scope of the Exclusionary Rule
10. Contracts Integrated in Documents

11. Meaning and Legal Effect
12. Standards of Interpretation
13. Choice of Meaning
14. Evidence in Aid of Construction

15. Standards for Applying Contracts
16. Commercial Application
17. Exclusion and Limitation Clauses
18. Evidence in Application