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Author: Kim Lewison
Publisher:
Published: 2013
Total Pages: 119
ISBN-13: 9780414029064
DOWNLOAD EBOOKThe 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.
Author: Catherine Mitchell
Publisher: Routledge
Published: 2007-06-11
Total Pages: 175
ISBN-13: 1134061714
DOWNLOAD EBOOKIn 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.
Author: GEOFF R. HALL
Publisher:
Published: 2020
Total Pages:
ISBN-13: 9780433502333
DOWNLOAD EBOOKAuthor: Yuliya Chernykh
Publisher: International Litigation in Press
Published: 2022
Total Pages: 632
ISBN-13: 9789004414679
DOWNLOAD EBOOK"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"--
Author: Kim Lewison
Publisher:
Published: 2015-12-10
Total Pages: 898
ISBN-13: 9780414034075
DOWNLOAD EBOOKThis acclaimed work, frequently cited in court, provides clear, practical guidance for all situations where practitioners are faced by questions of contract interpretation, whether they are preparing, advising on or disputing an agreement. It helps practitioners challenge contracts successfully and explain their inadequacies to clients.
Author: Ahmet Cemil Yildirim
Publisher: Kluwer Law International B.V.
Published: 2019-05-14
Total Pages: 328
ISBN-13: 9403511044
DOWNLOAD EBOOKDue to the globalized nature of modern commerce, arbitrators and legal counsel are often required to interpret contracts according to the rules of legal systems that are different from their own. Thus a thorough comparative examination of the principles of interpretation of contracts in major legal systems and uniform laws, such as this indispensable book provides, becomes an essential resource. The book examines the principles of contract interpretation found in seven legal systems—French, Italian, German, Swiss, Turkish, English, and U.S.—as well as in all applicable uniform laws, drawing on the case law and scholarship aligned with each. In addition to texts intended to unify or harmonize the law at a global level, the European Union’s uniform law texts, which constitute an important reference model for regional codifications, are also presented. The terminology peculiar to each system has been preserved in its language. Specific issues and topics raised include the following: “subjective” versus “objective” interpretation; historical reasons for basic differences in the approaches of individual legal systems; the principle of freedom of contract; good faith and fair dealing; rules that restrict the interpretation of contracts; and commercial usages. The author’s systematic presentation culminates in a proposal of a practical and universal method of interpretation of contracts. Given the importance of the interpretation of contracts in cross-border transactions, every practitioner of international arbitration will welcome this incomparable book’s easy access to the essential literature and case law in the legal systems and uniform laws they are most likely to encounter. Corporate counsel, scholars, and academics will discover the only detailed comparative overview available of the theory and practice of the interpretation of contracts.
Author: C. J. W. Baaij
Publisher:
Published: 2020
Total Pages: 0
ISBN-13: 9781780689593
DOWNLOAD EBOOKThis book is a unique and extensive comparative study of commercial contract interpretation across 14 selected jurisdictions, namely Croatia, England and Wales, Finland, France, Germany, Greece, Italy, The Netherlands, Poland, Portugal, Scotland, South Africa, Spain and Sweden. Using a dynamic comparative case method, the focus is centered on the discussion of key legal problems, further examined in a detailed and comprehensive comparative analysis. Contributions written from a law and economics, and European private law perspectives place the key legal issues into context and make Interpretation of Commercial Contracts in European Private Law a coherent and valuable resource for academics and practitioners with a European or International focus.
Author: Richard Calnan
Publisher: OUP Oxford
Published: 2013-09
Total Pages: 0
ISBN-13: 9780199681464
DOWNLOAD EBOOKThis book re-evaluates the rules of construction and explains clearly the principles which guide the courts in interpreting contracts.
Author: Denise Rousseau
Publisher: SAGE
Published: 1995-05-18
Total Pages: 264
ISBN-13: 9780803971059
DOWNLOAD EBOOKBringing together a wide range of theory from social and cognitive psychology, organizational behaviour, organizational learning and the management of change, this text draws useful conclusions about important psychological processes.
Author: Kim Lewison
Publisher:
Published: 2011
Total Pages: 452
ISBN-13: 9780455228686
DOWNLOAD EBOOKTHE INTERPRETATION OF CONTRACTS IN AUSTRALIA provides practitioners with essential guidance on the construction and interpretation of contracts, including in difficult matters of disputed interpretation. This adaptation of the widely acclaimed English title THE INTERPRETATION OF CONTRACTS by Sir Kim Lewison has been long awaited. Former Chief Justice Spigelman of the Supreme Court of NSW writes in the Foreword to this work. Now barrister David Hughes and Sir Kim Lewison have thoroughly revised the English text to reflect Australian law, while retaining the structure and principles of interpretation of the first nine chapters of the English edition. These principles of construction and interpretation are discussed in chapters which proceed through the key rules governing each of them. Extracts and summaries of decisions are provided to illustrate the application of those rules. The text's insights will inform the process of drafting or revising a contract by identifying key principles and discussing them comprehensively, yet concisely, with reference to case law. By enabling lawyers to construct arguments rooted in the case law, this new Australian work will help lawyers better challenge contracts and explain their inadequacies.
