A unified approach to contract interpretation /
Catterwell, Ryan,
A unified approach to contract interpretation / Ryan Catterwell. - 1 online resource (320 pages). - Hart studies in private law ; volume 32 . - Hart studies in private law ; volume 32 .
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"--
Mode of access: World Wide Web.
9781509927609
10.5040/9781509927609 doi
Contracts--Interpretation and construction.--English-speaking countries
Contract law
Electronic books.
K840 / .C38 2020eb
346.02/2
A unified approach to contract interpretation / Ryan Catterwell. - 1 online resource (320 pages). - Hart studies in private law ; volume 32 . - Hart studies in private law ; volume 32 .
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"--
Mode of access: World Wide Web.
9781509927609
10.5040/9781509927609 doi
Contracts--Interpretation and construction.--English-speaking countries
Contract law
Electronic books.
K840 / .C38 2020eb
346.02/2