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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Interpretation of Contracts 2nd ed isbn 9781138789722

Interpretation of Contracts


ISBN13: 9781845680442
New Edition ISBN: 9781138789722
Published: May 2007
Publisher: Routledge-Cavendish
Country of Publication: UK
Format: Paperback
Price: Out of print



In 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.

Subjects:
Contract Law
Contents:
Chapter 1 The Nature and Scope of Contractual Interpretation
Chapter 2 Contract Interpretation and the Rise of Contextualism
Chapter 3 Contextual Interpretation: Methods and Disputes
Chapter 4 Formalism in Interpretation
Chapter 5 Controlling Interpretation
Bibliography
Index