McMeel on the Construction of Contracts [Hardcover]

This text demystifies how lawyers analyse contract small-print, explaining legal techniques and linking modern contractual language to broader studies. Essential for commercial and financial legal practitioners, it's cited in courts worldwide.This fourth edition is an authority on the construction of contracts. It uniquely encompasses all the principal techniques by which the meaning and effect of agreements are ascertained: the interpretation of express language, the implication of terms, and the rectification of documents. The general principles of interpretation and the implication of terms implied in fact-or gap-fillers-have been relatively settled in the period since the last edition. Meanwhile terms implied in law, or general default rules, have come to the forefront in a sequence of Supreme Court judgments, includingWells v Devani,Triple Point Technology Inc v PTT,Barton v Morris, andPhilipp v Barclays Bank, which have emphasized their role in providing transactional templates and setting minimum standards. Likewise, this edition explores the changes to the principles of common mistake rectification, analysing the impact of the Court of Appeal inFSHC Group Holdings v Glas Trust, and the Supreme Court inRMT v Nexus.The fourth edition further explores how thecontra proferentemprinciple has become unfashionable in the eyes of English judges, and has been superseded by the more muscular clear words principle, in respect of exemption clauses,force majeure, and more generally. Brand new chapters discuss restriction of variation ('no oral modification') clauses, in the wake ofMWB v Rock Advertising,and dispute resolution agreements, afterEnka v Chubb. The text addresses cases that emerged in the context of Brexit, the Covid-19 pandemic, and renewed international conflicts and the accompanying sanctions.McMeel on the Construction of Contractscontinues to be an essentiallӇ