The Construction of Commercial Contracts
By: JW Carter
This book adopts a principled approach to the law applied in the construction of commercial contracts. This approach is presented as part of a coherent theory of the law of contract construction which makes a unique contribution to scholarship and understanding of the most important aspect of the practice of commercial lawyers. The law is explained by reference to three stages in construction. It distinguishes the preliminary stage in which context is established, from the 'meaning' and 'application' stages of contract construction. The approach provides insights both into the practical problems that lawyers face, in particular in relation to admissibility of extrinsic evidence, and the theoretical underpinnings of the subject. The book also explains the relationship between intention and construction, and discusses general and specific rules that determine the results of construction disputes. Each chapter is introduced by statements of its objectives and the book includes simple definitions of key concepts, as well as summaries of the complex principles which comprise the law of construction. In illustrating construction principles and their application, the exposition of the law draws on the author's knowledge of Australian contract law and the influence and role of the UNIDROIT principles, CISG and the American Restatement (Second) Contracts.
AI Overview
"The Construction of Commercial Contracts" by JW Carter is a comprehensive and ambitious work that aims to explain the principles regulating the construction of commercial contracts as a coherent whole. Here is a detailed overview of the book, including its key themes, plot summary, and critical reception:
Key Themes
Principled Approach: The book adopts a principled approach to the law applied in the construction of commercial contracts. This approach is presented as part of a coherent framework that integrates various legal principles and concepts.
Three Stages of Construction: The book explains the construction of commercial contracts as constituting three separate stages:
- Identification of Context and Terms: This stage involves understanding the context and terms of the contract.
- Determination of Meaning and Legal Effect: This stage focuses on determining the meaning and legal effect of the contract.
- Application to Factual Circumstances: The final stage involves applying the contract to the factual circumstances that have arisen.
Jurisdictional References: The book provides detailed references to English and Australian law, as well as other Commonwealth jurisdictions, including Singapore. It also incorporates the UNIDROIT principles, which are widely recognized in international commercial law.
Plot Summary
The book does not have a traditional narrative plot but rather presents a structured analysis of the principles governing the construction of commercial contracts. It systematically breaks down the process of contract interpretation, from identifying the context and terms of the contract to determining its meaning and legal effect, and finally, applying it to real-world scenarios.
Critical Reception
The book has received positive reviews for its comprehensive and coherent approach to a complex area of law.
- Ambitious Work: The book is described as an ambitious work on multiple levels, providing a summary of the labyrinthine area of commercial contract construction.
- Valuable Contribution: It is praised for being a valuable contribution to an area of work that is both difficult and of immense practical importance.
- Detailed Analysis: The book is commended for its detailed analysis, which more than meets its stated aim of explaining the principles regulating the construction of commercial contracts as a coherent whole.
Overall, "The Construction of Commercial Contracts" by JW Carter is a seminal work in the field of commercial contract law, offering a structured and principled approach to understanding and interpreting commercial contracts. Its comprehensive coverage and detailed analysis make it a valuable resource for legal professionals and scholars alike.