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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Elements of Contract Interpretation (Hardcover)
Loot Price: R2,682
Discovery Miles 26 820
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Elements of Contract Interpretation (Hardcover)
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Unclear contracts are common, and a large number of litigated cases
in the U.S. require clarification of the parties' agreement. The
process of clarifying an unclear contract involves three legal
tasks. A judge must first identify the terms to be interpreted,
then must determine whether the terms are ambiguous and encompass
the rival interpretations advanced by the parties. Finally, if the
terms are ambiguous, a finder of fact must resolve the ambiguity by
choosing between the rival interpretations. Performing these tasks
often involves the question of what evidence may be considered.
Further, the courts may decide contract interpretation issues based
on the agreement's literal terms, or the parties' objective or
subjective intentions.
Steven J. Burton's undertaking in Elements of Contract
Interpretation is a comprehensive treatment of these issues. By
identifying the concrete and legally provable elements that
contract interpreters may use, he has written an invaluable
resource for both practitioners and scholars alike. This book also
proposes an optimal law of contract interpretation for the courts'
consideration.
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