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Full Product Details

Author:   Gerard McMeel
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.10cm , Height: 4.10cm , Length: 24.60cm
Weight:   1.223kg
ISBN:  

9780199277933

ISBN 10:   0199277931
Pages:   648
Publication Date:   22 March 2007
Audience:   Professional and scholarly ,  Adult education ,  Professional & Vocational ,  Further / Higher Education
Replaced By:   9780199582488
Format:   Hardback
Publisher's Status:   Out of Print
Availability:   Out of stock  

Table of Contents

PART I: THE GENERAL PART; 1. Principles and Policies; 2. Theoretical and Comparative Perspectives; 3. The Objective Principle of Construction; 4. Internal Context: The Whole Contract Approach; 5. External Context: Surrounding Circumstances, 'Matrix' and 'Parol Evidence'; 6. Standard Form Contracts, Public Policy and the Realms of Strict Construction and Strict Compliance; 7. Presumptions; 8. Maxims; 9. New Horizons: Good Faith, Contractual Discretions, and Human Rights; PART II: RELATED DOCTRINES; 10. Implication by Law: General Default Rules; 11. Implication in Fact: Ad hoc Gap-fillers; 12. Custom and Usage; 13. Technical and Legal Language; 14. Formation and Certainty; 15. Incorporation of Terms; 16. Parties, Third Party Effects and Clauses Precluding Assignment; 17. Rectification and Correcting Mistakes through Construction; 18. Common Assumptions, Estoppel by Convention, Estoppel by Deed; 19. Construction and Mistake as a Vitiating Factor; PART III: PARTICULAR CONTRACTUAL PROVISIONS; 20. Conditions, Warranties, and Indemnities; 21. Exemption Clauses; 22. Change of Circumstances and 'Force Majeure' Clauses; 23. Modification of Remedies: Express Termination, Liquidated Damages and No Set Off Clauses; 24. The Integrity of the Instrument: 'Entire Agreement' and 'Non-reliance' Clauses; PART IV: RULES RELATING TO WRITTEN CONTRACTS; 25. The Status of Instruments: Forgeries, Deliberate Alteration, Non est Factum, and Shams; PART V: CONSTRUCTION AND PRACTICE; 26. Evidence: Documents, Originals and Copies

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Author Information

Gerard McMeel is Professor of Law at the University of Bristol and writes widely on contract law and commercial and financial legal matters. He is a graduate of Brasenose College, Oxford University. Gerard is a barrister at Guildhall Chambers in Bristol and specializes in both commercial and financial disputes. He is also a Door Tenant of Quadrant Chambers, a leading commercial set in London. Gerard combines an academic interest in commercial and financial law with an active private practice in the field. This work on contractual interpretation proceeds from earlier work in the field, and is in part the result of lecturing on the subject to lawyers across England and Wales.

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