The Interpretation of Contracts

The Interpretation of Contracts offers expert guidance in preparing, advising on and disputing agreements. This new edition enables you to construct solid arguments based on the principles laid down by case law, so you are always prepared to face any questions of disputed interpretation. Starting with key principles including the maxims of interpretation, such as the ejudsdem generis rule, it goes through the different components of a basic proposition followed by in-depth analysis and illustrated by the most relevant judicial decisions. You will have the information you need in one reliable source. Explains the principles that the courts use in interpreting contracts Goes through each possible area of dispute in turn Covers the developments in pre-contractual negotiation re drawn by the decision in Chartbrook v Persimmon Discusses important recent case law on implied terms Blank spaces in contracts are reviewed as pertinent entites The role of published precedents is examined afresh The maxim noscitur a sociis rule is discussed at length, as its role in determining meaning remains central to interpretation of the contract The new chapters on force majeure clauses and dispute resolution clauses are also further updated With over 100 new case references from the last two years, this is a clear and concise update of the essential main work New to the 1st Supplement of the 5th Edition The decision of the Supreme Court in Rainy Sky SA v Kookmin Bank and subsequent cases that have applied it Restrictions on the use of background in documents to be placed on a public register The limits of the application of business common sense The extent to which entire agreement clauses preclude the implication of terms Further developments in the implication of terms following Belize Telecom The effect on interpretation of the Human Rights Act The curing of ambiguity by election of one party The test of uncertainty The admissibility of evidence to identify parties Misnomer The exclusion of rights and remedies Contractual discretions Best endeavours obligations Formal requirements for exercise of an option