Elements of Contract Interpretation
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Description
This book describes and analyzes the law of contract interpretation in the United States, offering a strong guide for legal practitioners, judges, and scholars involved in contract law. Structured along two dimensions, Elements of Contract Interpretation first takes a look at the "elements" within contract interpretation. This includes the particular sources of evidence, the building blocks of interpretation that the courts recognize when interpreting
contracts. Such examples include the governing contract terms; the circumstances when the contract is made; each party's purpose; usages; and the maxims of contract interpretation.
The second dimension is three theories of contract interpretation - literalism, objective theory, and subjective theory. Each theory allows a court to recognize a different set of interpretive elements, and, in practice, how the law of different jurisdictions in the U.S. endorse one theory or another. Since some jurisdictions combine theories within a two- or three-step framework for analysis, this type of law makes this book a primary resource for both practitioners and academics.
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contracts. Such examples include the governing contract terms; the circumstances when the contract is made; each party's purpose; usages; and the maxims of contract interpretation.
The second dimension is three theories of contract interpretation - literalism, objective theory, and subjective theory. Each theory allows a court to recognize a different set of interpretive elements, and, in practice, how the law of different jurisdictions in the U.S. endorse one theory or another. Since some jurisdictions combine theories within a two- or three-step framework for analysis, this type of law makes this book a primary resource for both practitioners and academics.
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Product details
- Hardback | 256 pages
- 162 x 242 x 20mm | 536g
- 09 Apr 2009
- Oxford University Press Inc
- New York, United States
- English
- 0195337492
- 9780195337495
- 1,662,272
Table of contents
Preface ; Chapter 1: Goals, Tasks and Theories ; Chapter 2: The Elements ; Chapter 3: Identifying the Terms ; Chapter 4: The Ambiguity Question ; Chapter 5: Resolving Ambiguities ; Chapter 6: Objective Contextual Interpretation ; Index
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Review Text
Burton's challenging analysis constitutes an enormously valuable contribution to our understanding of contractual interpretation issues. John D. McCamus, York University, UK
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Review quote
Burton's challenging analysis constitutes an enormously valuable contribution to our understanding of contractual interpretation issues. * John D. McCamus, York University, UK *
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About Steven J. Burton
Steven J. Burton is the John F. Murray Professor of Law at the University of Iowa. He has taught for over 30 years and published two books on contract law, Principles of Contract Law (3rd ed. 2006) and Contractual Good Faith (1995). He has also published three additional books, and multiple journal articles on contract law. Professor Burton occasionally serves as an arbitrator or expert witness in cases involving contract disputes. He was also a
Fulbright Scholar, a University Faculty Scholar, and a recipient of the Burlington-Northern Faculty Achievement Award for Excellence in Teaching.
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Fulbright Scholar, a University Faculty Scholar, and a recipient of the Burlington-Northern Faculty Achievement Award for Excellence in Teaching.
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