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A unified approach to contract interpretation / Ryan Catterwell.

By: Material type: TextSeries: Hart studies in private law ; volume 32Publisher: Oxford ; Hart, 2020Distributor: [London, England] : Bloomsbury Publishing, 2020Description: 1 online resource (320 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781509927609
Subject(s): Genre/Form: Additional physical formats: Print version:: No titleDDC classification:
  • 346.02/2 23
LOC classification:
  • K840 .C38 2020eb
Online resources: Available additional physical forms:
  • Also published in print.
Contents:
Introduction -- Theories of Contract Interpretation -- The Key Features of Contract Interpretation -- A Unified Theory of Contract Interpretation -- The Cognition of Contract Interpretation : A Four-Stage Process -- The Practice of Contract Interpretation : The Resolution of Interpretive -- Disputes -- The Role of Interpretation in Contract Law -- Conclusion.
Summary: "Interpretation or construction is central to the operation of contract law. Despite the fundamental role it plays, there have been limited attempts to explain construction in holistic terms. This important book aims to fill that gap by offering a systematic exposition of the iterative process. It also goes further, suggesting practical solutions to disputes regarding questions of interpretation. The book argues that construction is not simply about establishing what words mean; it is a process through which objective intention is inferred from the choice of words in a contract. The interpretive process involves four steps: formulate the question of interpretation in dispute; explore competing answers to the question; analyse the admissible material supporting each interpretation; and weigh and balance the competing considerations. By so doing, the book offers a simple yet sophisticated framework for interpreting/constructing contracts"-- Provided by publisher.
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Based on author's thesis (doctoral - University of Sydney, 2017) issued under title: Construction in contract law : a logical and structured approach.

Includes bibliographical references and index.

Introduction -- Theories of Contract Interpretation -- The Key Features of Contract Interpretation -- A Unified Theory of Contract Interpretation -- The Cognition of Contract Interpretation : A Four-Stage Process -- The Practice of Contract Interpretation : The Resolution of Interpretive -- Disputes -- The Role of Interpretation in Contract Law -- Conclusion.

Abstract freely available; full-text restricted to individual document purchasers.

"Interpretation or construction is central to the operation of contract law. Despite the fundamental role it plays, there have been limited attempts to explain construction in holistic terms. This important book aims to fill that gap by offering a systematic exposition of the iterative process. It also goes further, suggesting practical solutions to disputes regarding questions of interpretation. The book argues that construction is not simply about establishing what words mean; it is a process through which objective intention is inferred from the choice of words in a contract. The interpretive process involves four steps: formulate the question of interpretation in dispute; explore competing answers to the question; analyse the admissible material supporting each interpretation; and weigh and balance the competing considerations. By so doing, the book offers a simple yet sophisticated framework for interpreting/constructing contracts"-- Provided by publisher.

Also published in print.

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Mode of access: World Wide Web.

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