ELEMENTS OF CONTRACT INTERPRETATION

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Elements Of Contract Interpretation

Author : Steven J. Burton
ISBN : STANFORD:36105134431506
Genre : Law
File Size : 66.65 MB
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This book describes and analyzes the law of contract interpretation in the United States, offering a strong guide for legal practitioners, judges, and scholars involved in contract law. Structured along two dimensions, Elements of Contract Interpretation first takes a look at the "elements" within contract interpretation. This includes the particular sources of evidence, the building blocks of interpretation that the courts recognize when interpreting contracts. Such examples include thegoverning contract terms; the circumstances when the contract is made; each party's purpose; usages; and the maxims of contract interpretation. The second dimension is three theories of contract interpretation - literalism, objective theory, and subjective theory. Each theory allows a court to recognize a different set of interpretive elements, and, in practice, how the law of different jurisdictions in the U.S. endorse one theory or another. Since some jurisdictions combine theories within a two- or three-step framework for analysis, this type of law makes this book a primary resource for both practitioners and academics.
Category: Law

A Theory Of Contract Law

Author : Peter A. Alces
ISBN : 9780199707591
Genre : Law
File Size : 44.10 MB
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In the past few decades, scholars have offered positive, normative, and most recently, interpretive theories of contract law. These theories have proceeded primarily (indeed, necessarily) from deontological and consequentialist premises. In A Theory of Contract Law: Empirical Insights and Moral Psychology, Professor Peter A. Alces confronts the leading interpretive theories of contract and demonstrates their doctrinal failures. Professor Alces presents the leading canonical cases that inform the extant theories of Contract law in both their historical and transactional contexts and argues that moral psychology provides a better explanation for the contract doctrine than do alternative comprehensive interpretive approaches.
Category: Law

Interpretation In Polish German And European Private Law

Author : Grzegorz Zmij
ISBN : 9783866539303
Genre : Law
File Size : 69.5 MB
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The interpretation of declarations of intent and contracts is a very difficult task, especially with regard to crossborder partners. Read the informative proceedings of the international conference in Katowice as to the topics: - Interpretation of foreign law by German courts - Theories of interpretation in private law - Interpretation of contracts under the German BGB and under the CFR - Interpretation of the juridical acts - a comparative perspective - The "common" interpretation of national law - Iuris cogentis and iuris dispositivi rules / provisions in contract and corporate law - Relevance of circumstances in which the contract was concluded - Is there "the one true interpretation of a law"? - Is the wording of the law a limitation for its interpretation?
Category: Law

Formation And Third Party Beneficiaries

Author : Mindy Chen-Wishart
ISBN : 9780192535641
Genre : Law
File Size : 38.75 MB
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Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects. Volume II of this series deals with contract formation and contracts for the benefit of third parties in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, Vietnam, Cambodia, Thailand, Indonesia, and Myanmar. Typically, each jurisdiction is covered in two chapters; the first deals with contract formation, while the second deals with contracts for the benefit of third parties.
Category: Law

The Civil Engineering Handbook Second Edition

Author : W.F. Chen
ISBN : 9781420041217
Genre : Technology & Engineering
File Size : 56.69 MB
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First published in 1995, the award-winning Civil Engineering Handbook soon became known as the field's definitive reference. To retain its standing as a complete, authoritative resource, the editors have incorporated into this edition the many changes in techniques, tools, and materials that over the last seven years have found their way into civil engineering research and practice. The Civil Engineering Handbook, Second Edition is more comprehensive than ever. You'll find new, updated, and expanded coverage in every section. In fact, more than 1/3 of the handbook is new or substantially revised. In particular you'll find increased focus on computing reflecting the rapid advances in computer technology that has revolutionized many aspects of civil engineering. You'll use it as a survey of the field, you'll use it to explore a particular subject, but most of all you'll use The Civil Engineering Handbook to answer the problems, questions, and conundrums you encounter in practice.
Category: Technology & Engineering

Interpretation Of Contracts

Author : Catherine Mitchell
ISBN : 9781317645979
Genre : Law
File Size : 26.29 MB
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This book is a second edition of Interpretation of Contracts (2007). The original work examined various issues surrounding the question of how contracts should be interpreted by courts, in particular focusing on the law of contract interpretation following Lord Hoffmann’s exposition of the principles of contextual interpretation in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896. As with the original, this new edition provides an overview of the subject, concentrating on elements of controversy and disagreement, rather than a detailed analysis of all the contract law rules and doctrines that might be regarded as interpretative in one sense or another. The book will be concerned with interpretation of contracts generally (following the rule that there are not different rules of interpretation for different kinds of contracts), but with reference to commercial contracts in particular, since this is the area in which the contextual interpretative approach was developed, and where it has most relevance. The overall aim of the second edition remains the same as the first – to produce an accessible and readable guide to contract interpretation for law students, scholars and practitioners.
Category: Law

Contract Theory

Author : Larry A. DiMatteo
ISBN : UOM:39015046914951
Genre : Law
File Size : 24.84 MB
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Contract Theory examines the logical and conceptual structures that arise in the process of making, honoring, and enforcing contracts. The touchstone of Anglo-American contract law is the determination of contractual intent. Two theories have competed for center stage: the subjective theory of the "meeting of the minds" and the objective theory in which the parties' manifestations and the transaction's contextual factors became the means for contract interpretation and enforcement. The implementation of the objective theory of contract is the "reasonable person standard". Larry DiMatteo focuses on the development, construction, and application of the reasonable person standard. He undertakes a study of the origins of the reasonable person in the disciplines of philosophy, theology, and psychology and concludes with an examination of the interplay between this objective standard and the subjectivity of judgment. The importance of the synthesis of the objective and subjective elements of contracts is crucial for a complete understanding of contract law.
Category: Law

Elements Of Law

Author : Sir William Markby
ISBN : HARVARD:HN1C6Q
Genre : Jurisprudence
File Size : 76.52 MB
Format : PDF
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Category: Jurisprudence