
Product DescriptionThis 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 ofcommercial, 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 modernize the approach to the interpretation of contractual instruments.The Construction of Contracts provides a comprehensive account of the principles involved, focusing on thepractitioners' needs, tackling modernization 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 andindemnities, exemption clauses, force majeure clauses and entire agreement clauses.Content new to this edition includes coverage of additional clauses such as retention of title, arbitration, choice of law and jurisdiction, as well as an examination of the relationship between the rules for the interpretation of contracts and other juridical uses of interpretation such asstatutory interpretation, construction of memorandum and articles of association, construction of wills, and patents.About the AuthorGerard McMeel is Professor of Law at the University of Bristol and writes widely on contract law and commercial and financial legal matters. He is a graduate of Brasenose College, Oxford University. Gerard is a barrister at Guildhall Chambers in Bristol and specializes in both commercial andfinancial disputes. He is also a Door Tenant of Quadrant Chambers, a leading commercial set in London. Gerard combines an academic interest in commercial and financial law with an active private practice in the field. This work on contractual interpretation proceeds from earlier work in the field,and is in part the result of lecturing on the subject to lawyers across England and Wales.
This text investigates the complex legal principles and judicial doctrines governing the interpretation and construction of contractual language in modern common law. Gerard McMeel, a Professor of Law and practicing barrister, utilizes his extensive academic and litigation experience to analyze how courts resolve disputes over contractual meaning. The book provides a rigorous framework for practitioners to navigate the evolving standards of interpretation, ensuring clarity in drafting and effective advocacy in litigation.
What You Will Find
Legal practitioners and scholars frequently cite this work as a primary resource for navigating complex commercial disputes. Experts highlight the text for its practical utility in bridging the gap between academic theory and the realities of courtroom litigation.
Page Count:
864
Publication Date:
2011-05-26
Publisher:
Oxford University Press
ISBN-10:
0199582483
ISBN-13:
9780199582488
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