Author: Sir Kim Lewison
“ The book succeeds not only as a useful resource in contentious work, but also as a clear and straightforward reminder of the way things are for use in commercial drafting.” – Computer and Telecommunications Law Review
This popular title provides clear, practical guidance for all situations where practitioners are faced by questions of contract interpretation. It explains the principles that have been used by the courts in their decisions, with extensive quotations from these judgments, and enables practitioners to construct solid arguments based on the principles laid down by case law. In addition, it:
- Helps practitioners challenge contracts successfully and explain their inadequacies to clients
- Helps avoid future disputes over meaning when drafting or negotiating contract terms
- Covers each possible area of dispute in turn, providing easy reference when researching an issue
- Provides the information in a clear structure with a general proposition followed by detailed explanation with quotation from judgments
New for this edition:
- Two new chapters covering Force Majeure Clauses and Dispute Resolution Clauses
- Offers expert guidance to the choice of jurisdictions clauses and choice of law clauses
- Discusses the issue of implied terms which have been rewritten in light of the decision in AG of Belize v Belize Telecom
- Covers the recent issue of blank spaces in contracts, the role of published precedents and the maximnoscitur a sociis
- Provides extended discussion of the ways in which terms may be incorporated into contracts
- Covers the developments in pre-contractual negotiations rewritten in light of Chartbrook v Persimmon
- Examines 200 new cases relevant to contract interpretation
Contents
An overview.
The purpose of interpretation.
The materials available.
Law and precedent.
The meaning of words.
Implied terms.
The canons of construction.
Ambiguity and uncertainty.
Mistakes and inconsistencies.
Preliminary parts of a deed.
Parcels and the subject matter of the contract.
Exemption clauses.
Force Majeure clauses.
Certificates, consents, and deeming clauses.
Stipulations as to time.
Conditions and conditional obligations.
Penalties, termination and forfeiture clauses.
Dispute resolution clauses.
Jurisdiction: International
