Jump to ContentJump to Main Navigation

You are looking at 1-19 of 19 items

  • Keywords: contract interpretation x
Clear All Modify Search

View:

Goals, Tasks, and Theories

Steven J. Burton

in Elements of Contract Interpretation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195337495
eISBN:
9780199868650
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195337495.003.0001
Subject:
Law, Law of Obligations

This chapter gives an overview of the book's structure, which emphasizes the goals, tasks, and theories of contract interpretation. There are four main goals: implementing freedom of and freedom from ... More


The Elements

Steven J. Burton

in Elements of Contract Interpretation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195337495
eISBN:
9780199868650
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195337495.003.0002
Subject:
Law, Law of Obligations

This chapter presents the “elements” of contract interpretation. The elements are the evidentiary facts that an interpreter may take into account lawfully when identifying the terms to be ... More


Interpretation of Contract

REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID

in Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199271009
eISBN:
9780191699481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271009.003.0003
Subject:
Law, Comparative Law

A recent analysis of the historical development of civil law in Scotland and South Africa traced the influences which have affected each system, and concluded that each system now comprises an ... More


Interpretation of Contracts and Control of Unfair Terms in Asia: A Comparison

Stefan Vogenauer

in Contents of Contracts and Unfair Terms

Published in print:
2020
Published Online:
December 2020
ISBN:
9780198850427
eISBN:
9780191885457
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850427.003.0023
Subject:
Law, Law of Obligations

This chapter concludes Volume III of Studies in the Contract Laws of Asia. It summarizes the main findings on the 13 Asian jurisdictions covered (China, Hong Kong, India, Indonesia, Japan, Korea, ... More


Interpretation of Contracts

Carole Lewis

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0007
Subject:
Law, Legal History

Ascertaining the intention of the parties to a contract is a matter of considerable complexity in modern South African law. The difficulties that have beset jurists and courts (in the classical Roman ... More


Negotiation, Formation, Terms, and Interpretation

Martin Davies and David V. Snyder

in International Transactions in Goods: Global Sales in Comparative Context

Published in print:
2014
Published Online:
August 2014
ISBN:
9780195388183
eISBN:
9780199382590
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388183.003.0003
Subject:
Law, Company and Commercial Law

The different legal ideas of precontractual liability, contract formation, contract terms, and contract interpretation are all rolled into this chapter because they spring from a single set of facts: ... More


Interpretation of Contracts

Reinhard Zimmermann

in The Law of Obligations: Roman Foundations of the Civilian Tradition

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198764267
eISBN:
9780191695247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764267.003.0020
Subject:
Law, Law of Obligations

This chapter explores the interpretation of contracts. The first section provides an example using French Francs and Belgian Francs. The second section looks at the interpretation form verba to ... More


Introduction

Mindy Chen-Wishart and Stefan Vogenauer

in Contents of Contracts and Unfair Terms

Published in print:
2020
Published Online:
December 2020
ISBN:
9780198850427
eISBN:
9780191885457
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850427.003.0001
Subject:
Law, Law of Obligations

This chapter sets the scene for Volume III of Studies in the Contract Laws of Asia. It describes the genesis and the main objectives of the series, ie to facilitate conversations between Asian ... More


Usages and Implied Obligations under the UNIDROIT Principles of International Commercial Contracts

Lauro Gama

in Trade Usages and Implied Terms in the Age of Arbitration

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199916016
eISBN:
9780190237073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199916016.003.0009
Subject:
Law, Private International Law, Company and Commercial Law

This chapter examines how usages have developed in the context of the UNIDROIT Principles of International Commercial Contracts, drawing out their normative, binding, and interpretive characteristics ... More


Authority, Intention, and Interpretation

Aditi Bagchi

in The Legacy of Ronald Dworkin

Published in print:
2016
Published Online:
May 2016
ISBN:
9780190466411
eISBN:
9780190466442
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190466411.003.0015
Subject:
Law, Legal History, Constitutional and Administrative Law

This essay explores and builds on the link between authority and interpretation in Ronald Dworkin’s Law’s Empire. Dworkin argued that legal rules should be interpreted as consistent with the moral ... More


Contract Law

Eyal Zamir and Doron Teichman

in Behavioral Law and Economics

Published in print:
2018
Published Online:
June 2018
ISBN:
9780190901349
eISBN:
9780190901387
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190901349.003.0008
Subject:
Law, Philosophy of Law

This chapter presents an overview of the behavioral analysis of contract law. It first presents a behavioral theory of contracts that highlights the role of values such as promise-keeping and trust, ... More


Customs and Usages in England: Achieving Interpretive Accuracy by Giving Effect to Unexpressed Intent

Geoff R. Hall

in Trade Usages and Implied Terms in the Age of Arbitration

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199916016
eISBN:
9780190237073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199916016.003.0002
Subject:
Law, Private International Law, Company and Commercial Law

In the past forty-five years, English courts have moved from a highly textualist interpretation of contracts, focused primarily on the language of the contract, toward a highly contextualist exercise ... More


Not Merely Facts: Trade Usages in German Contract Law

Helge Dedek

in Trade Usages and Implied Terms in the Age of Arbitration

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199916016
eISBN:
9780190237073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199916016.003.0006
Subject:
Law, Private International Law, Company and Commercial Law

The German law of contract subscribes to an objective theory of contractual interpretation that allows the judge to build the contract as it “should have been” according to pertinent trade usages. ... More


Alleviating Mistakes

E. Allan Farnsworth

in Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199276110
eISBN:
9780191699887
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276110.003.0002
Subject:
Law, Law of Obligations

Although there are mistakes that can be perceived as happy, for example one would be happy to experience a mistake such as Columbus' discovery of America, we have to realize that some mistakes are ... More


Trade Usages in the Convention on Contracts for the International Sale of Goods

Geneviève Saumier

in Trade Usages and Implied Terms in the Age of Arbitration

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199916016
eISBN:
9780190237073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199916016.003.0008
Subject:
Law, Private International Law, Company and Commercial Law

The CISG, a uniform substantive law of commercial contracts, envisions both subjective and objective conditions for establishing the intent of parties. It allows for the application of usages to ... More


Usages and Implied Terms under French and Belgian Positive Law: A Subjective Approach Tending toward Objectivity

Lydie Van Muylem

in Trade Usages and Implied Terms in the Age of Arbitration

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199916016
eISBN:
9780190237073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199916016.003.0003
Subject:
Law, Private International Law, Company and Commercial Law

From the adoption of the Civil Code until at least the mid-twentieth century, contractual analysis and interpretation under French and Belgian law was characterized by a subjective approach premised ... More


Usages and Implied Terms in the United States

Christopher R. Drahozal

in Trade Usages and Implied Terms in the Age of Arbitration

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199916016
eISBN:
9780190237073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199916016.003.0007
Subject:
Law, Private International Law, Company and Commercial Law

The UCC’s incorporation strategy, using usage of trade, course of performance, and course of dealing to interpret and fill gaps in the parties’ contract, is central to U.S. law on usages and implied ... More


White Space, Implied Terms, and the Concept of Usage in Quebec

Marie-Claude Rigaud

in Trade Usages and Implied Terms in the Age of Arbitration

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199916016
eISBN:
9780190237073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199916016.003.0004
Subject:
Law, Private International Law, Company and Commercial Law

In graphic design, illustration, and sculpture, white space—or negative space—is key to aesthetic composition, revealing the meaning of the object it surrounds. A contractual text may similarly be ... More


Implicitly Authorized Uses

Stavroula Karapapa

in Defences to Copyright Infringement: Creativity, Innovation and Freedom on the Internet

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198795636
eISBN:
9780191836930
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795636.003.0005
Subject:
Law, Intellectual Property, IT, and Media Law

When combatting allegations of copyright infringement, the defendant can argue that the copyright holder authorized the activity at issue, either expressly or implicitly. Exclusive rights under ... More


View: