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Author:   Gerard McMeel (Professor of Law, University of Bristol; Barrister, Guildhall Chambers, Bristol, and Quadrant Chambers, London)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Edition:   2nd Revised edition
Dimensions:   Width: 18.10cm , Height: 5.20cm , Length: 25.30cm
Weight:   1.625kg
ISBN:  

9780199582488

ISBN 10:   0199582483
Pages:   864
Publication Date:   07 April 2011
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

PART I: THE GENERAL PART 1: Principles and Policies Introduction Interpretation, Implication, and Rectification The Evolution of the Principles of Construction Principles and Policies Ten Leading Decisions in the House of Lords Concluding Observations 2: Comparative and Theoretical Perspectives Comparative Perspectives Theoretical Perspectives 3: The Objective Principle of Construction Overview The Objective Principle in Contract Formation The Objective Principle in Interpretation The Objective Principle in Implication The Objective Principle in Rectification 4: Internal Context: The Whole Contract Approach The Whole Contract or Holistic Approach The Constituent Parts of a Contract 5: External Context: Surrounding Circumstances, 'Matrix', and 'Background' Overview Key Points The Traditional Approach: the Surrounding Circumstances The Modern Approach: 'Matrix' to 'Background' The Exclusionary Rules The Future 6: Standard Form Contracts, Public Policy, and the Realms of Strict Construction and Strict Compliance Key Points Standard Form Contracts Other Examples of Strict Construction Strict Compliance and Contractual Machinery 7: Presumptions Statutory Presumptions Common Law Presumptions 8: Maxims Introduction Contra proferentem Ut res magis valeat quam pereat Expressio unius Eiusdem generis Noscitur a sociis Reddendo singula singulis 9: New Horizons: Good Faith, Contractual Discretions, and Human Rights Reasonableness, Fairness, and Good Faith? Contractual Discretion and Analogies with Public Law Human Rights Human Rights, Cultural Traditions, and Context PART II: RELATED DOCTRINES 10: Implication of Terms: General Principles and Implied Terms at Law General Principles of Implication of Terms Implication of Terms at Law ('General Default Rules') Principles for Developing New Implied Terms at Law Implied Terms and the Employment Relationship Implied Terms as to Cooperation 11: Implied Terms in Fact The Relationship between Implication and Interpretation The Relationship between Implication and Rectification The Modern Test for Implication in Fact: Attorney-General for Belize v Belize Telecom Ltd The Traditional Tests for the Implication of Terms in Fact Applying the Technique of Implication in Fact Implied Terms and Contractual Discretions Some Particular Types of Implied Terms Entire Agreement Clauses and Implied Terms 12: Custom and Usage Custom, Practice, and Usage Supplementing or Contradicting the Written Contract Certain, Notorious, Reasonable 13: Technical and Legal Language Introduction Legal Language Scientific, Technical, and Specialist Language Foreign Language 14: Formation and Certainty Construction Techniques in Formation and the Interface with Certainty Particular Topics Relating to Contractual Certainty Implied Contracts and Contracts by Conduct 15: Proof of Terms and Incorporation of Terms Key Points Proof of Terms Incorporation of Terms Incorporation by Signature Incorporation by Notice Incorporation by a Course of Dealing Incorporation by Reference The Effect of Misrepresentation Limitations on Incorporation: The Effect of the interfoto Principle on 'Onerous and Unusual' Terms 16: Parties, Third Party Effects, and Clauses Precluding Assignment Identifying the Parties to the Contract The Third Party Effects of Contracts Anti-assignment Clauses 17: Rectification and Correcting Mistakes through Construction Construction as a Technique for Correcting Mistakes in Expression Rectification of Documents in Equity Common Mistake Unilateral Mistake General Matters 18: Common Assumptions, Estoppel by Convention, and Estoppel by Deed Estoppel by Convention Relationship with Other Species of Estoppel Two Leading Cases The Ingredients of Estoppel by Convention Estoppel and Pre-contractual Statements Estoppel By Deed 19: Construction and Mistake as a Vitiating Factor The Intricate Relationship between Mistake and Interpretation Common Mistake Equitable Mistake PART III: PARTICULAR CONTRACTUAL PROVISIONS 20: Conditions, Warranties, and Indemnities Conditions Warranties Warranties in Business Acquisition Contracts Indemnities Construction of Indemnity Clauses 21: Exemption Clauses and Unfair Contract Terms Introduction Construction of Exemption Clauses Excluding Liability for Negligence Carving out Fraud 'Direct', 'Indirect', and 'Consequential' Losses Statutory Control: The Unfair Contract Terms Act 1977 General Approach to the Unfair Contract Terms Act 1977 The Unfair Terms in Consumer Contracts Regulations 1999 Reform 22: Change of Circumstances and 'Force Majeure' Clauses Key Points The Common Law Doctrine of Frustration Incorporating Express Terms to Deal with Changes of Circumstances Construction of the Operation and Effect of Force Majeure Clauses 23: Modification of Remedies: Express Termination, Retention of Title and No Set-off Clauses Express Termination Clauses Retention of Title Restriction of Set-off 24: Payment: Penalties, Liquidated Damages, Acceleration, and Default Interest Clauses Payment Clauses Liquidated Damages Clauses Minimum Payment Clauses Accelerated Payment Clauses Default Interest Clauses 25: Time Stipulations Construction of Time Stipulations Time of the Essence: the General Rule Making Time of the Essence Calculating Time 26: The Integrity of the Instrument: 'Entire Agreement' and 'Non-reliance' Clauses 'Entire Agreement' and 'Non-reliance' Clauses Construction of Entire Agreement Clauses Entire Agreement Clauses and Collateral Warranties Non-reliance Clauses and Excluding Liability for Misrepresentation Statutory Regulation Entire Agreement Clauses and Implied Terms Impact of Entire Agreement Clause on Extrinsic Evidence Final Comparative Reflection PART IV: RULES RELATING TO WRITTEN CONTRACTS 27: The Status of Instruments: Forgeries, Deliberate Alteration, Non Est Factum, and Shams Forgery Deliberate Alteration of Instruments Non Est Factum Sham PART V: CONSTRUCTION AND PRACTICE 28: Evidence and Practice The Modern Law of Civil Evidence The Best Evidence Rule Practice: Procedures for Determining Issues of Construction

Reviews

The appearance of a second edition of Gerald McMeel's book is a welcome reminder of how useful it is. Containing a lot of insightful material on general contract law, I found the discussion invaluable Professor Michael Furmston, Dean, School of Law and Professor of Law, Singapore Management University

The appearance of a second edition of Gerald McMeel's book is a welcome reminder of how useful it is. Containing a lot of insightful material on general contract law, I found the discussion invaluable Professor Michael Furmston, Dean, School of Law and Professor of Law, Singapore Management University A reflective and scholarly treatment of the principles and policies underlying the construction of contracts and related doctrines ; an incisive analysis of the development of doctrine Review of previous edition, Peter McDonald Eggars QC [2008] Lloyd's Maritime and Commercial Law 411 ..academic interest in the subject has increased markedly in recent years and there are now some excellent new books on the subject: see, for example, Gerard McMeel, The Construction of Contracts: Interpretation, Implication and Rectification (2007) Review of previous edition, Professor David McLauchlan, (2009) 31 Sydney LR 5

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 specialises 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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