elements of contract interpretation

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Elements Of Contract Interpretation

Author : Steven J. Burton
ISBN : STANFORD:36105134431506
Genre : Law
File Size : 37. 28 MB
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This book describes and analyzes the law of contract interpretation in the United States, offering a strong guide for legal practitioners, judges, and scholars involved in contract law. Structured along two dimensions, Elements of Contract Interpretation first takes a look at the "elements" within contract interpretation. This includes the particular sources of evidence, the building blocks of interpretation that the courts recognize when interpreting contracts. Such examples include thegoverning contract terms; the circumstances when the contract is made; each party's purpose; usages; and the maxims of contract interpretation. The second dimension is three theories of contract interpretation - literalism, objective theory, and subjective theory. Each theory allows a court to recognize a different set of interpretive elements, and, in practice, how the law of different jurisdictions in the U.S. endorse one theory or another. Since some jurisdictions combine theories within a two- or three-step framework for analysis, this type of law makes this book a primary resource for both practitioners and academics.

The Interpretation Of Contracts

Author : Kim Lewison
ISBN : 041406271X
Genre :
File Size : 77. 24 MB
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Interpretation Of Contracts

Author : Catherine Mitchell
ISBN : 9781134061716
Genre : Law
File Size : 33. 31 MB
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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.

Interpretation In Polish German And European Private Law

Author : Grzegorz Zmij
ISBN : 9783866539303
Genre : Law
File Size : 79. 53 MB
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The interpretation of declarations of intent and contracts is a very difficult task, especially with regard to crossborder partners. Read the informative proceedings of the international conference in Katowice as to the topics: - Interpretation of foreign law by German courts - Theories of interpretation in private law - Interpretation of contracts under the German BGB and under the CFR - Interpretation of the juridical acts - a comparative perspective - The "common" interpretation of national law - Iuris cogentis and iuris dispositivi rules / provisions in contract and corporate law - Relevance of circumstances in which the contract was concluded - Is there "the one true interpretation of a law"? - Is the wording of the law a limitation for its interpretation?

Canadian Contractual Interpretation Law

Author : Geoffrey Robert Hall
ISBN : 0433450517
Genre : Contracts
File Size : 64. 42 MB
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Principles Of Contractual Interpretation

Author : Richard Calnan
ISBN : 019879231X
Genre : Law
File Size : 72. 27 MB
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Written with the busy practitioner in mind, this concise and insightful book sets out the principles that guide the courts in interpreting contracts. Each principle is covered in its own dedicated chapter, supported by case law which illustrates how the principle works in practice and in its wider context. In addition to interpretation of contracts, the book also considers the implication of terms, rectification, and estoppel by convention. This new edition considers the implications of key decisions of the Supreme Court in Arnold v Britton and Marks & Spencer v BNP Paribas, and BNY Mellon v LBG Capital. Other writing, including from judges writing extra-judicially, is also analysed. This book provides an invaluable reference for lawyers drafting, interpreting and litigating on contracts.

Formation And Third Party Beneficiaries

Author : Mindy Chen-Wishart
ISBN : 9780198808114
Genre : Law
File Size : 57. 71 MB
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Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects. Volume II of this series deals with contract formation and contracts for the benefit of third parties in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, Vietnam, Cambodia, Thailand, Indonesia, and Myanmar. Typically, each jurisdiction is covered in two chapters; the first deals with contract formation, while the second deals with contracts for the benefit of third parties.

Reading Law

Author : Antonin Scalia
ISBN : 031427555X
Genre : Law
File Size : 38. 82 MB
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In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is "textualism?" Why is "strict construction" a bad thing? What is the true doctrine of "originalism?" And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.

The Civil Engineering Handbook Second Edition

Author : W.F. Chen
ISBN : 9781420041217
Genre : Technology & Engineering
File Size : 71. 43 MB
Format : PDF
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First published in 1995, the award-winning Civil Engineering Handbook soon became known as the field's definitive reference. To retain its standing as a complete, authoritative resource, the editors have incorporated into this edition the many changes in techniques, tools, and materials that over the last seven years have found their way into civil engineering research and practice. The Civil Engineering Handbook, Second Edition is more comprehensive than ever. You'll find new, updated, and expanded coverage in every section. In fact, more than 1/3 of the handbook is new or substantially revised. In particular you'll find increased focus on computing reflecting the rapid advances in computer technology that has revolutionized many aspects of civil engineering. You'll use it as a survey of the field, you'll use it to explore a particular subject, but most of all you'll use The Civil Engineering Handbook to answer the problems, questions, and conundrums you encounter in practice.

The Law Of Contracts And The Uniform Commercial Code

Author : Pamela Tepper
ISBN : 9781305176751
Genre : Law
File Size : 47. 82 MB
Format : PDF
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THE LAW OF CONTRACTS AND THE UNIFORM COMMERCIAL CODE, 3e covers all the important features of common law contracts, as well as Article 2 of the Uniform Commercial Code in a practical, understandable, and realistic manner. Real cases demonstrate how the concepts in each chapter are applied, and the fact pattern is used throughout the chapter to demonstrate how contracts and their concepts affect our daily lives, often with unusual results. Using a fluid and interesting writing style, the author reduces contract law to its basic components and provides examples that build on other examples. Chapter summaries, review questions, exercises, a running glossary, and--new to this edition--learning objectives help your students to fully grasp this complex area of the law. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

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