The Construction of Contracts

This new edition provides a clear and comprehensive account of the legal principles and doctrines that come into play whenever parties disagree about the meaning and effect of contractual words. It is particularly useful for solicitors and barristers litigating disputes in the fields of commercial, corporate, banking, financial services and property law. The common law principles and techniques of construction have recently come to greater prominence as judges seek to modernise the approach to the interpretation of contractual instruments. This work provides a comprehensive account of the principles involved, focusing on the practitioners' needs, tackling modernisation head on and equipping readers with the necessary means to avoid pitfalls in contractual provisions. The coverage extends to related rules and doctrines, including rectification and implication of terms, and consideration of the status of the controversial 'parol evidence rule.' The book also considers the nature of effect of particular types of contractual provision, including warranties and indemnities, exemption clauses, force majeure clauses and entire agreement clauses. Content new to this edition includes coverage of additional clauses such as retention of title, time and payment clauses, as well as an examination of the relationship between the rules for the interpretation of contracts and statutory interpretation.

ISBN 0199582483   Pages 864 ISBN13 9780199582488 (What's this?)   Weight (grammes) 1608 Publisher Oxford University Press   Published in Oxford Imprint Oxford University Press   Previous ISBN 9780199277933 Format Hardback   Height (mm) 253 Publication date 07 Apr 2011   Width (mm) 181 DEWEY 346.4202   Spine width (mm) 52 DEWEY edition DC22   Academic level Professional / Scholarly

PART I: THE GENERAL PART; 1. Principles and Policies; Introduction; Interpretation, Implication, and Rectification; The Evolution of the Principles of Construction; Principles and Policies; Ten Leading Decisions in the House of Lords; Concluding Observations; 2. Comparative and Theoretical Perspectives; Comparative Perspectives; Theoretical Perspectives; 3. The Objective Principle of Construction; Overview; The Objective Principle in Contract Formation; The Objective Principle in Interpretation; The Objective Principle in Implication; The Objective Principle in Rectification; 4. Internal Context: The Whole Contract Approach; The Whole Contract or Holistic Approach; The Constituent Parts of a Contract; 5. External Context: Surrounding Circumstances, 'Matrix', and 'Background'; Overview; Key Points; The Traditional Approach: the Surrounding Circumstances; The Modern Approach: 'Matrix' to 'Background'; The Exclusionary Rules; The Future; 6. Standard Form Contracts, Public Policy, and the Realms of Strict Construction and Strict Compliance; Key Points; Standard Form Contracts; Other Examples of Strict Construction; Strict Compliance and Contractual Machinery; 7. Presumptions; Statutory Presumptions; Common Law Presumptions; 8. Maxims; Introduction; Contra proferentem; Ut res magis valeat quam pereat; Expressio unius; Eiusdem generis; Noscitur a sociis; Reddendo singula singulis; 9. New Horizons: Good Faith, Contractual Discretions, and Human Rights; Reasonableness, Fairness, and Good Faith?; Contractual Discretion and Analogies with Public Law; Human Rights; Human Rights, Cultural Traditions, and Context; PART II: RELATED DOCTRINES; 10. Implication of Terms: General Principles and Implied Terms at Law; General Principles of Implication of Terms; Implication of Terms at Law ('General Default Rules'); Principles for Developing New Implied Terms at Law; Implied Terms and the Employment Relationship; Implied Terms as to Cooperation; 11. Implied Terms in Fact; The Relationship between Implication and Interpretation; The Relationship between Implication and Rectification; The Modern Test for Implication in Fact: Attorney-General for Belize v Belize Telecom Ltd; The Traditional Tests for the Implication of Terms in Fact; Applying the Technique of Implication in Fact; Implied Terms and Contractual Discretions; Some Particular Types of Implied Terms; Entire Agreement Clauses and Implied Terms; 12. Custom and Usage; Custom, Practice, and Usage; Supplementing or Contradicting the Written Contract; Certain, Notorious, Reasonable; 13. Technical and Legal Language; Introduction; Legal Language; Scientific, Technical, and Specialist Language; Foreign Language; 14. Formation and Certainty; Construction Techniques in Formation and the Interface with Certainty; Particular Topics Relating to Contractual Certainty; Implied Contracts and Contracts by Conduct; 15. Proof of Terms and Incorporation of Terms; Key Points; Proof of Terms; Incorporation of Terms; Incorporation by Signature; Incorporation by Notice; Incorporation by a Course of Dealing; Incorporation by Reference; The Effect of Misrepresentation; Limitations on Incorporation: The Effect of the interfoto Principle on 'Onerous and Unusual' Terms; 16. Parties, Third Party Effects, and Clauses Precluding Assignment; Identifying the Parties to the Contract; The Third Party Effects of Contracts; Anti-assignment Clauses; 17. Rectification and Correcting Mistakes through Construction; Construction as a Technique for Correcting Mistakes in Expression; Rectification of Documents in Equity; Common Mistake; Unilateral Mistake; General Matters; 18. Common Assumptions, Estoppel by Convention, and Estoppel by Deed; Estoppel by Convention; Relationship with Other Species of Estoppel; Two Leading Cases; The Ingredients of Estoppel by Convention; Estoppel and Pre-contractual Statements; Estoppel By Deed; 19. Construction and Mistake as a Vitiating Factor; The Intricate Relationship between Mistake and Interpre

The appearance of a second edition of Gerald McMeel's book is a welcome reminder of how useful it is. Containing a lot of insightful material on general contract law, I found the discussion invaluable Professor Michael Furmston, Dean, School of Law and Professor of Law, Singapore Management University A reflective and scholarly treatment of the principles and policies underlying the construction of contracts and related doctrines"; "an incisive analysis of the development of doctrine Review of previous edition, Peter McDonald Eggars QC [2008] Lloyd's Maritime and Commercial Law 411 ..academic interest in the subject has increased markedly in recent years and there are now some excellent new books on the subject: see, for example, Gerard McMeel, The Construction of Contracts: Interpretation, Implication and Rectification (2007) Review of previous edition, Professor David McLauchlan, (2009) 31 Sydney LR 5

 Be the first to write a customer review