In this volume Mitchell
examines case law,
academic debate and
the resurgence of interest
in formalist contract
interpretation in the
US to explore the
meaning of contextual
interpretation, arguments
for and against it and
suggestions on how
parties may influence
the interpretation
methods applied to their agreement.
Identifying controversial issues, arguments and
analyzing possible future developments, this
book addresses a range of questions, including:
- How far should it be possible for courts,
through the process of interpretation, to
control the bargain made between parties?
- Are judges applying the principles of
interpretation in the same way?
- What is the relevant context of an agreement?
- Should contracting parties be able to opt
out of a particular interpretative approach
by use of mechanisms such as entire
agreement clauses?
Short and concise, this is a useful reference tool
for those interested in contract and tort law.