This book adopts a principled approach to the law applied in the construction of commercial contracts. This approach is presented as part of a coherent theory of the law of contract construction which makes a unique contribution to scholarship and understanding of the most important aspect of the practice of commercial lawyers.
The law is explained by reference to three stages in construction. It distinguishes the preliminary stage in which context is established, from the 'meaning' and 'application' stages of contract construction. The approach provides insights both into the practical problems that lawyers face, in particular in relation to admissibility of extrinsic evidence, and the theoretical underpinnings of the subject. The book also explains the relationship between intention and construction, and discusses general and specific rules that determine the results of construction disputes.
Each chapter is introduced by statements of its objectives and the book includes simple definitions of key concepts, as well as summaries of the complex principles which comprise the law of construction.
In illustrating construction principles and their application, the exposition of the law draws on the author's knowledge of Australian contract law and the influence and role of the UNIDROIT principles, CISG and the American Restatement (Second) Contracts.
Rezensionen / Stimmen
Having reviewed the case of White v Australian and New Zealand Theatres Ltd and a number of the subsequent authorities considering this case, I respectfully adopt Professor Carter's analysis of White v Australian and New Zealand Theatres Ltd and the proposition for which Professor Carter says it stands * Cited by Sackar J in Paul Fishlock v The Campaign Palace Pty Limited [2013] NSWSC 531 at [111] * ...important and impressively, whilst the book cannot give answers to all the specific questions which might arise in a construction dispute, it gives the reader a much better understanding of what questions of construction really mean.
Carter's outstanding work is a valuable addition which more than holds its own in a field of notable publications...a welcome new entrant in a difficult and most important area. -- Louise Merrett * Cambridge Law Journal, Volume 72, 2 * ... a comprehensive one-stop reference work on the construction of commercial contracts.
... a superb book which ought to find a place of importance in the libraries of not only practitioners and academics in the field but also students in contract law of advanced standing. It goes beyond the boundaries of black-letter law and is overwhelmingly well-researched. The obvious strength of the book is that the depth of legal analysis finds clarity of expression and practical relevance to the commercial world in the various jurisdictions of the greater Commonwealth and, of course, Australia. -- NB Rao * Journal of Contract Law, Volume 31 * ...a worthy edition to any collection. It sets out to explain the principles of the construction of contracts, and it has certainly done so. It is certain to appeal not only to the academic searching for conceptual understanding of some of the most difficult areas of the interpretation of contracts, but also to the practitioner who seeks a quick reference to the present law. Its contributions to the scholarship in this area of law are immense, and contract scholars will certainly find its influence difficult to ignore in future works to come.
...highly recommended to any reader interested in this difficult area of law in any jurisdiction. -- Goh Yihan * Singapore Journal of Legal Studies, 2013 * ... this impressive book is a welcome addition to a complex area of the law and will be of interest to practitioners, academics and students. Owing to its conceptual approach, it is perhaps more geared to the latter of the two categories. Carter has succeeded not just in providing a comprehensive description of the unruly law of commercial construction, but also in partially taming it via his principled approach. -- Jacob Turner * Lloyd's Maritime and Commercial Law Quarterly, 2014 * ...for anyone confused about the art and science of contractual construction, Professor Carter's book is a must-read. The book provides comprehensive coverage of the topic in a structured way that reflects in-depth research, a deep understanding of the subject, and is further aided by clarity of expression. -- Larry A. DiMatteo * International Company & Commercial Law Review, Volume 25, Issue 7 *
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Maße
Höhe: 244 mm
Breite: 171 mm
Dicke: 20 mm
Gewicht
ISBN-13
978-1-84946-342-3 (9781849463423)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
JW Carter, BA, LLB (Syd), Ph D (Cantab), FAAL, is Emeritus Professor of Law, University of Sydney, General Editor of the Journal of Contract Law and a Consultant to Herbert Smith Freehills.
Autor*in
University of Sydney
PART I - INTRODUCTION
1. What Is Construction?
PART II - CONSTRUCTION, INTENTION AND IMPLICATION
2. Construction and Intention
3. Construction and Implication
PART III - RULES AND PRINCIPLES HAVING GENERAL APPLICATION
4. General and Specific Construction Rules
5. The ICS Principles
PART IV - CONTEXT OF THE CONTRACT
6. Role of Context
7. Scope of Context
PART V - THE EXCLUSIONARY RULE
8. Categories of Extrinsic Evidence
9. Scope of the Exclusionary Rule
10. Contracts Integrated in Documents
PART VI - MEANING OF THE CONTRACT
11. Meaning and Legal Effect
12. Standards of Interpretation
13. Choice of Meaning
14. Evidence in Aid of Construction
PART VII - APPLICATION OF THE CONTRACT
15. Standards for Applying Contracts
16. Commercial Application
17. Exclusion and Limitation Clauses
18. Evidence in Application
