Principles of Contractual Interpretation

Paperback | November 26, 2013

byRichard Calnan

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This concise new book explains and re-evaluates the rules of construction at a conceptual level and explains clearly the principles which guide the courts in interpreting contracts and the associated practical implications.The work sets out the principles and considers each in turn providing examples of how they operate in practice. It covers difficult legal issues faced by the courts (such as the status of an agreement to agree) and the effect that these principles have on the drafting and reading of contracts.The purpose of the book is to give the reader an understanding of all of the issues which are involved in reading a contract. It therefore covers not just interpretation of contracts, but also the implication of terms and rectification.

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This concise new book explains and re-evaluates the rules of construction at a conceptual level and explains clearly the principles which guide the courts in interpreting contracts and the associated practical implications.The work sets out the principles and considers each in turn providing examples of how they operate in practice. It...

Richard Calnan is a partner at Norton Rose LLP, and a Visiting Professor at University College London and the University of Nottingham. He has spent most of his career at Norton Rose. In the early 1980s he spent three years teaching at the University of Auckland. His specialisations are banking, the law of security and insolvency law. ...

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Format:PaperbackDimensions:232 pagesPublished:November 26, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199681465

ISBN - 13:9780199681464

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Table of Contents

PrologueI The Guiding Principle1. Principle 1: Objective IntentionII Text and Context2. Principle 2: The Text3. Principle 3: The Whole Text4. Principle 4: The ContextIII Understanding Words5. Principle 5: Natural Meanings6. Principle 6: Ambiguities7. Principle 7: Unnatural MeaningsIV Adding Words8. Principle 8: Implied TermsV Changing Words9. Principle 9: Rectification10. Estoppel by ConventionEpilogueEpiloguePrinciples of DraftingAn Interpretation Clause