The Interpretation Of Contracts, 7th Ed
The Interpretation Of Contracts, 7th Ed By Kim Lewison
|Publication Date||December 2020|
|Publisher||Sweet & Maxwell|
Lewison's Interpretation of Contracts, first published in 1989 and currently in its seventh edition, has established itself as a vital resource on contracts and the premier text in its subject.
This important text offers reliable advice on contract construction and interpretation. It enables practitioners to understand the important statutes and case developments in this area, informing the process of contract drafting or revision by identifying essential principles and discussing them fully but succinctly with reference to case law.
This book aids lawyers in better challenging contracts and explaining their flaws by allowing them to create arguments based on case law.
Features of The Interpretation Of Contracts
- The structure is simple: a general assertion is followed by a more extensive explanation that includes several quotations from court decisions.
- The scope adheres to the rules used by courts when interpreting contracts, making it directly applicable to barristers.
- Rather than being academic, the approach is practical. It was created with the busy practitioner in mind.
- All of the important cases in contract interpretation are covered (including many that are unreported).
- The book examines each component of a contract, beginning with the fundamental notion and moving on to analysis and the most significant judicial decisions for practitioners.
- It analyses the contract document, related documents, draughts, previous agreements, pre-contract agreements and negotiations, and contractual provisions to identify the information available to aid in the interpretation of contracts.
- Provides background on the impact of law and precedent on interpretation, as well as the court's views on conventional forms such conveyancing agreements.
- Sets forth the golden rule in terms of word meaning and its application in practise through important decisions.
- In the context of contract interpretation, considers dispute resolution options such as choice of law and scope of jurisdiction provisions.
- The extent to which full agreement clauses exclude the inclusion of words, as well as critical developments following the Belize Telecom case, are discussed.
- Examines construction norms, such as considering a clause in the context of the entire document, adding specific conditions to a normal contract, and the link between general and particular provisions.
- Explains the meaning and function of patent and latent ambiguity, as well as uncertainty, mistake, and contradictions, and their implications on contracts.
- Rainy Sky SA v Kookmin Bank and following instances on ambiguity and "commercial common sense" are examined.
- Considers the preliminary elements of a deed (anything before the habendum), examining recitals in full.
- Examines the contract's subject matter, such as whether a piece of land is included or not, admissible evidence to identify the subject matter, and proof of physical features and plans.
- Covers indemnity, time-bar, and non-reliance clauses, as well as the exclusion of rights and remedies, as well as force majeure clauses.
- Considers if certificates, consents, and deeming clauses should be included.
- In contracts such as mercantile and conditional contracts, examines concerns of time stipulation and punctuality.
- Explains terms and conditional contracts, as well as the impact of Jet2 v Blackpool Airport on best-efforts responsibilities.
- Penalties, termination, and forfeiture clauses are all discussed in depth.
- This new edition brings the reader up to date on important changes since the previous edition in 2015.
- Nearly 200 new cases are being considered.
- Chapter 1 has been fully reworked to provide an outline of contractual interpretation.
- A return to the conventional method of interpreting phrases.
- A new equilibrium between the natural meaning of words in context and broader commercial common sense.
- The validation premise has been reformulated.
- In Duval v 11-13 Randolph Crescent Ltd., the Supreme Court discussed the preventive concept.
- The material has been divided into smaller pieces to make it simpler to read.
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