Subjects:

Contract Law

Contents:

Chapter 1 The Nature and Scope of Contractual Interpretation

Chapter 2 Contract Interpretation and the Rise of Contextualism

Chapter 3 Contextual Interpretation: Methods and Disputes

Chapter 4 Formalism in Interpretation

Chapter 5

Controlling Interpretation

Bibliography

Index

In this volume Mitchell examines case law, academic debate and the resurgence of interest in formalist contract interpretation in the US to explore the meaning of contextual interpretation, arguments for and against it and suggestions on how parties may influence the interpretation methods applied to their agreement. Identifying controversial issues, arguments and analyzing possible future developments, this book addresses a range of questions, including:-

• How far should it be possible for courts, through the process of interpretation, to control the bargain made between parties?
• Are judges applying the principles of interpretation in the same way?
• What is the relevant context of an agreement?
• Should contracting parties be able to opt out of a particular interpretative approach by use of mechanisms such as entire agreement clauses?