Elements of Contract Interpretation
Title | Elements of Contract Interpretation PDF eBook |
Author | Steven J. Burton |
Publisher | Oxford University Press |
Pages | 251 |
Release | 2009 |
Genre | Law |
ISBN | 0195337492 |
This resource describes and analyses the law of contract interpretation in the United States, offering a strong guide for legal practitioners, judges, and scholars involved in contract law.
CANADIAN CONTRACTUAL INTERPRETATION LAW.
Title | CANADIAN CONTRACTUAL INTERPRETATION LAW. PDF eBook |
Author | GEOFF R. HALL |
Publisher | |
Pages | |
Release | 2020 |
Genre | |
ISBN | 9780433502333 |
Interpretation of Contracts
Title | Interpretation of Contracts PDF eBook |
Author | Catherine Mitchell |
Publisher | Routledge |
Pages | 175 |
Release | 2007-06-11 |
Genre | Law |
ISBN | 1134061714 |
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? Short and concise, this is a useful reference tool for those interested in contract and tort law.
Contract Interpretation in Investment Treaty Arbitration
Title | Contract Interpretation in Investment Treaty Arbitration PDF eBook |
Author | Yuliya Chernykh |
Publisher | International Litigation in Press |
Pages | 632 |
Release | 2022 |
Genre | Law |
ISBN | 9789004414679 |
"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Interpretation of Contracts
Title | Interpretation of Contracts PDF eBook |
Author | Kim Lewison |
Publisher | |
Pages | 119 |
Release | 2013 |
Genre | Contracts |
ISBN | 9780414029064 |
The 5th edition provides thorough treatment of one of the most fundamental areas of law - the interpretation of contracts. All those drafting, revising or advising on written agreements will benefit from its detailed discussion of the rules of contract interpretation.
Force Majeure and Hardship Under General Contract Principles
Title | Force Majeure and Hardship Under General Contract Principles PDF eBook |
Author | Christoph Brunner |
Publisher | Kluwer Law International B.V. |
Pages | 626 |
Release | 2009-01-01 |
Genre | Law |
ISBN | 9041127925 |
Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.
Interpretation and Gap Filling in International Commercial Contracts
Title | Interpretation and Gap Filling in International Commercial Contracts PDF eBook |
Author | Ayşe Nihan Karadayı Yalım |
Publisher | |
Pages | 0 |
Release | 2019 |
Genre | Commercial law |
ISBN | 9781780688084 |
This is an overview of interpretation and gap filling mechanisms in international commercial contracts covering CISG, UNIDROIT Principles, PECL and DCFR.