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Vol 21 No 11 Nov/Dec 2016

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The Construction of Commercial Contracts


ISBN13: 9781849463423
Published: January 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £140.00



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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.

Subjects:
Contract Law, Commercial Law
Contents:
PART I - INTRODUCTION
1. What Is Construction?

PART II - CONSTRUCTION, INTENTION AND IMPLICATION
2. Construction and Intention
3. Construction and Implication

PART III - RULES AND PRINCIPLES HAVING GENERAL APPLICATION
4. General and Specific Construction Rules
5. The ICS Principles

PART IV - CONTEXT OF THE CONTRACT
6. Role of Context
7. Scope of Context P

ART V - THE EXCLUSIONARY RULE
8. Categories of Extrinsic Evidence
9. Scope of the Exclusionary Rule
10. Contracts Integrated in Documents

PART VI - MEANING OF THE CONTRACT
11. Meaning and Legal Effect
12. Standards of Interpretation
13. Choice of Meaning
14. Evidence in Aid of Construction

PART VII - APPLICATION OF THE CONTRACT
15. Standards for Applying Contracts
16. Commercial Application
17. Exclusion and Limitation Clauses
18. Evidence in Application