Interpretation of Contracts 2nd Edition by Catherine Mitchell ISBN 0367587874 978-0367587871
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ISBN 10: 0367587874
ISBN 13: 978-0367587871
Author: Catherine Mitchell
This book is a second edition of Interpretation of Contracts (2007).
The original work examined various issues surrounding the question of how contracts should be interpreted by courts, in particular focusing on the law of contract interpretation following Lord Hoffmann’s exposition of the principles of contextual interpretation in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896. As with the original, this new edition provides an overview of the subject, concentrating on elements of controversy and disagreement, rather than a detailed analysis of all the contract law rules and doctrines that might be regarded as interpretative in one sense or another. The book will be concerned with interpretation of contracts generally (following the rule that there are not different rules of interpretation for different kinds of contracts), but with reference to commercial contracts in particular, since this is the area in which the contextual interpretative approach was developed, and where it has most relevance.
The overall aim of the second edition remains the same as the first – to produce an accessible and readable guide to contract interpretation for law students, scholars and practitioners.
Table of contents:
Chapter 1 The Nature of Contract Interpretation
Introduction
What is interpretation?
A general theory of interpretation?
Interpretation and meaning
Context and interpretation
What is a contract?
Interpretation and contractual power
The range of interpretation problems
Why do contractual interpretation disputes exist?
Foundations of contract interpretation
Conclusion
Chapter 2 The Rise (and Fall?) of Contextual Interpretation
Literalism and rules in contracts interpretation
The contextualist shift
Lord Hoffmann’s restatement
Implications of Lord Hoffmann’s contextualism
The meaning communicated to a reasonable person
No need for ambiguity before examining the background
Mistakes can be corrected by contextual interpretation
The role of business common sense
Contextualism subsumes literalism
Contextual interpretation subsumes doctrine
Contextual interpretation in context
Accessing the ‘real’ agreement
Interdisciplinarity in law
Conclusion
Chapter 3 Divisions and Disputes in Contract Interpretation
Retreating from contextualism
Arnold v Britton
The role of ambiguity
What the words say/what the language communicates
Identifying the relevant context
Commercial reasonableness after Arnold v Britton
Reasonable person or pedantic lawyer?
The limitations on the contract background
Common intentions of the parties
Admissibility of prior negotiations
Subjectivity
Costs
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