The Interpretation of Contracts
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By: Kim Lewison
The Interpretation of Contracts offers expert guidance in preparing, advising on and disputing agreements. This new edition gives you practical help when you are faced with questions of disputed interpretation. It enables you to construct solid arguments based on the principles laid down by case law.Starting with key principles including the maxims of interpretation such as the ejusdem generis rule, it goes through the different components of a basic proposition followed by in-depth analysis and illustrated by the most relevant judicial decisions.This title also helps you identify the materials available to interpret a contract such as previous agreements, published precedents, pre-contract negotiations and post contractual conduct.
AI Overview
"The Interpretation of Contracts" by Sir Kim Lewison is a seminal work in the field of contract law, widely regarded as an indispensable resource for legal practitioners. Here is a comprehensive overview of the book:
Key Themes
- Contractual Interpretation: The book focuses on the principles and practices of interpreting contracts, providing authoritative guidance on contract construction and interpretation.
- Case Law References: It extensively references case law to illustrate key propositions, making it a practical and expositionary text rather than an academic one.
- Commercial and Maritime Contracts: The book covers a broad range of contract types, with a particular emphasis on commercial and maritime contracts, including chapters on exemption and indemnity clauses, certificates, consents, and time stipulations.
- Practical Application: The text is designed to help lawyers construct arguments rooted in case law, enabling them to better challenge contracts and explain their inadequacies.
Plot Summary
The book does not have a narrative plot but rather a structured approach to understanding the principles of contract interpretation. It begins with an overview of contractual interpretation, emphasizing the natural meaning of words within context and commercial common sense. Each chapter sets out basic propositions followed by detailed analysis and relevant judicial decisions.
Critical Reception
- Warm Welcome: The book has been warmly welcomed since its first edition in 1989, with each subsequent edition updating the reader on key developments in case law.
- Practical Approach: The practical and expositionary style of the book has been praised for its clarity and usefulness in providing a single volume source of reference for case examples.
- Specialist Texts: While the book is comprehensive, it is noted that those requiring an examination of interpretation problems in employment contracts might be better directed to a specialist employment law text, especially regarding implied terms.
Editions and Updates
- 8th Edition: The latest edition, published in 2023, updates the reader on key developments since the last edition was published in 2020, ensuring that it remains a current and authoritative resource.
- 7th Edition (South Asian Edition): The 7th edition, published in 2022, includes a revamped Chapter 1 offering an overview of contractual interpretation with an emphasis on the natural meaning of words within context and commercial common sense.
In summary, "The Interpretation of Contracts" by Sir Kim Lewison is a highly regarded text that provides comprehensive guidance on contract interpretation, making it an essential resource for legal practitioners. Its practical approach, extensive case law references, and continuous updates ensure its relevance in the field of contract law.