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A Unified Approach to Contract Interpretation

A Unified Approach to Contract Interpretation

Paperback

Series: Hart Studies in Private Law

General Law

ISBN10: 1509944400
ISBN13: 9781509944408
Publisher: Bloomsbury Publishing PLC
Published: Jan 27 2022
Pages: 318
Weight: 0.98
Height: 0.67 Width: 6.14 Depth: 9.21
Language: English
Interpretation or construction is central to the operation of contract law. Despite the fundamental role it plays, there have been limited attempts to explain construction in holistic terms. This important book aims to fill that gap by offering a systematic exposition of the iterative process. It also goes further, suggesting practical solutions to disputes regarding questions of interpretation. The book argues that construction is not simply about establishing what words mean; it is a process through which objective intention is inferred from the choice of words in a contract. The interpretive process involves four steps: formulate the question of interpretation in dispute; explore competing answers to the question; analyse the admissible material supporting each interpretation; and weigh and balance the competing considerations. By so doing, the book offers a simple yet sophisticated framework for interpreting/constructing contracts.

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General Law