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This new edition is an accessible and readable guide to contract interpretation for law students, scholars and practitioners.
List of contents
Preface to second edition
Chapter 1 The Nature of Contract Interpretation
Introduction
What is interpretation?
A general theory of interpretation?
Interpretation and meaning
Context and interpretation
What is a contract?
Interpretation and contractual power
The range of interpretation problems
Why do contractual interpretation disputes exist?
Foundations of contract interpretation
Conclusion
Chapter 2 The Rise (and Fall?) of Contextual Interpretation
Literalism and rules in contracts interpretation
The contextualist shift
Lord Hoffmann's restatement
Implications of Lord Hoffmann's contextualism
The meaning communicated to a reasonable person
No need for ambiguity before examining the background
Mistakes can be corrected by contextual interpretation
The role of business common sense
Contextualism subsumes literalism
Contextual interpretation subsumes doctrine
Contextual interpretation in context
Accessing the 'real' agreement
Interdisciplinarity in law
Conclusion
Chapter 3 Divisions and Disputes in Contract Interpretation
Retreating from contextualism
Arnold v Britton
The role of ambiguity
What the words say/what the language communicates
Identifying the relevant context
Commercial reasonableness after Arnold v Britton
Reasonable person or pedantic lawyer?
The limitations on the contract background
Common intentions of the parties
Admissibility of prior negotiations
Subjectivity
Costs
.../part contents
About the author
Catherine Mitchell is a Reader in Private Law at Birmingham Law School, University of Birmingham. She has published widely on contract law issues in the UK and internationally.
Summary
This new edition is an accessible and readable guide to contract interpretation for law students, scholars and practitioners.
