Elements of contract interpretation
著者
書誌事項
Elements of contract interpretation
Oxford University Press, c2009
- : hardback
大学図書館所蔵 全13件
注記
Includes bibliographical references and index
内容説明・目次
内容説明
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 the governing 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.
目次
- Preface
- Chapter 1: Goals, Tasks and Theories
- Chapter 2: The Elements
- Chapter 3: Identifying the Terms
- Chapter 4: The Ambiguity Question
- Chapter 5: Resolving Ambiguities
- Chapter 6: Objective Contextual Interpretation
- Index
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