New Search Search History

Holdings Information

    The construction of commercial contracts / J W Carter.

    • Title:The construction of commercial contracts / J W Carter.
    •    
    • Author/Creator:Carter, J. W. (John W.), 1953-
    • Published/Created:Oxford ; Portland, OR : Hart Pub., 2013.
    • Holdings

       
    • Library of Congress Subjects:Contracts.
      Commercial law.
      Contracts--Interpretation and construction.
    • Description:lxii, 674 pages ; 25 cm
    • Summary:This book adopts a principled approach to the law applied in the construction of commercial contracts. This approach is presented as part of a coherent theory of the law of contract construction which makes a unique contribution to scholarship and understanding of the most important aspect of the practice of commercial lawyers. The law is explained by reference to three stages in construction. It distinguishes the preliminary stage in which context is established, from the 'meaning' and 'application' stages of contract construction. The approach provides insights both into the practical problems that lawyers face, in particular in relation to admissibility of extrinsic evidence, and the theoretical underpinnings of the subject. The book also explains the relationship between intention and construction, and discusses general and specific rules that determine the results of construction disputes.
      Each chapter is introduced by statements of its objectives and the book includes simple definitions of key concepts, as well as summaries of the complex principles which comprise the law of construction. In illustrating construction principles and their application, the exposition of the law draws on the author's knowledge of Australian contract law and the influence and role of the UNIDROIT principles, CISG and the American Restatement (Second) Contracts. -- Publisher.
    • Notes:Includes bibliographical references and index.
    • ISBN:9781849463423 (hardback)
      1849463425 (hardback)
    • Contents:Machine generated contents note: pt. I Introduction
      1. What Is Construction?
      pt. II Construction, Intention and Implication
      2. Construction and Intention
      3. Construction and Implication
      pt. III Rules and Principles Having General Application
      4. General and Specific Construction Rules
      5. ICS Principles
      pt. IV Context of the Contract
      6. Role of Context
      7. Scope of Context
      pt. V Exclusionary Rule
      8. Categories of Extrinsic Evidence
      9. Scope of the Exclusionary Rule
      10. Contracts Integrated in Documents
      pt. VI Meaning of the Contract
      11. Meaning and Legal Effect
      12. Standards of Interpretation
      13. Choice of Meaning
      14. Evidence in Aid of Construction
      pt. VII Application of the Contract
      15. Standards for Applying Contracts
      16. Commercial Application
      17. Exclusion and Limitation Clauses
      18. Evidence in Application.
    Session Timeout
    New Session