The Construction of Contracts

Hardcover | May 7, 2011

byGerard McMeel

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This new edition provides a clear and comprehensive account of the legal principles and doctrines that come into play whenever parties disagree about the meaning and effect of contractual words. It is particularly useful for solicitors and barristers litigating disputes in the fields ofcommercial, corporate, banking, financial services and property law.The common law principles and techniques of construction have recently come to greater prominence as judges seek to modernise the approach to the interpretation of contractual instruments. This work provides a comprehensive account of the principles involved, focusing on the practitioners' needs,tackling modernisation head on and equipping readers with the necessary means to avoid pitfalls in contractual provisions. The coverage extends to related rules and doctrines, including rectification and implication of terms, and consideration of the status of the controversial 'parol evidence rule.' The book also considers the nature of effect of particular types of contractual provision, including warranties andindemnities, exemption clauses, force majeure clauses and entire agreement clauses. Content new to this edition includes coverage of additional clauses such as retention of title, arbitration, choice of law and jurisdiction, as well as an examination of the relationship between the rules for the interpretation of contracts and other juridical uses of interpretation such asstatutory interpretation, construction of memorandum and articles of association, construction of wills, and patents.

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This new edition provides a clear and comprehensive account of the legal principles and doctrines that come into play whenever parties disagree about the meaning and effect of contractual words. It is particularly useful for solicitors and barristers litigating disputes in the fields ofcommercial, corporate, banking, financial service...

Gerard McMeel is Professor of Law at the University of Bristol and writes widely on contract law and commercial and financial legal matters. He is a graduate of Brasenose College, Oxford University. Gerard is a barrister at Guildhall Chambers in Bristol and specialises in both commercial and financial disputes. He is also a Door Tenan...

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Format:HardcoverDimensions:672 pagesPublished:May 7, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199582483

ISBN - 13:9780199582488

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Table of Contents

I The General Part1. Principles and Policies2. Theoretical and Comparative Perspectives3. The Objective Principle of Construction4. Internal Context: The Whole Contract Approach5. External Context: Surrounding Circumstances, 'Matrix', and 'Parol Evidence'6. Standard Form Contracts, Public Policy, and the Realms of Strict Construction and Strict Compliance7. Presumptions8. Maxims9. New Horizons: Good Faith, Contractual Discretions, and Human RightsII Related Doctrines10. Implication by Law: General Default Rules11. Implication in Fact: Ad Hoc Gap-fillers12. Custom and Usage13. Technical and Legal Language14. Formation and Certainty15. Incorporation of Terms16. Parties, Third Party Effects, and Clauses Precluding Assignment17. Rectification and Correcting Mistakes through Construction18. Common Assumptions, Estoppel by Convention, and Estoppel by Deed19. Construction and Mistake as a Vitiating FactorIII Particular Contractual Provisions20. Conditions, Warranties, and Indemnities21. Exemption Clauses and Unfair Contract Terms22. Change of Circumstances and 'Force Majeure' Clauses23. Modification of Remedies: Express Termination, Retention of Title and No Set-off Clauses24. Payment: Penalties, Liquidated Damages and Acceleration Clauses25. Time Stipulations26. The Integrity of the Instrument: 'Entire Agreement' and 'Non-reliance' ClausesIV Rules Relating to Written Contracts27. The Status of Instruments: Forgeries, Deliberate Alteration, Non est factum, and ShamsV Construction and Practice28. Evidence: Documents, Originals, and Copies