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McMeel on The Construction of Contracts: Interpretation, Implication, and Rectification

Autor Gerard McMeel
en Limba Engleză Hardback – 12 oct 2017
Now in its third edition, this authoritative work on the construction of contracts is an invaluable resource for legal practitioners and academics seeking to understand the legal principles involved in contract interpretation as well as the current trends in the neighbouring topics of implied terms and rectification.The third edition continues its principle-by-principle coverage of the main elements of contractual construction with reference to recent case law. Recent major construction of contract cases are discussed, including the UK Supreme Court decisions of Rainy Sky v Kookmin Bank (2011), Arnold v Britton (2015), the Lloyds Bank Bonds case (2016), and Wood v Capita Insurance Services (2017). Guidance is provided on balancing text, context, common sense andcommercial purpose. The discussion of the implication of terms reflects the sceptical treatment of Belize Telecom (2009) in the Marks & Spencer case (2015). The issue of rectification addressed in detail in the new edition, reflecting the law's state of flux in this area with cases such as Daventry (2011), Cherry Tree v Landmain (2012) andTartsinis v Navona (2015). The role of good faith is discussed with reference to Leggatt J in Yam Seng (2014) and the Court of Appeal in MSC Mediterranean Shipping v Cottonex (2016). Agreed damages clauses are revisited in the light of the reining in of the penalty rule in Cavendish v Makdessi (2016). There is consideration of Prime Sight v Lavarello (2013) and the Privy Council's reflections on contractual estoppel. Providing practical guidance on how courts would interpret contractual terms with reference to recent commercial contract litigation, this is the essential reference work for all commercial and corporate lawyers, both litigators and those negotiating and drafting deals.
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Specificații

ISBN-13: 9780198755166
ISBN-10: 0198755163
Pagini: 912
Dimensiuni: 193 x 248 x 51 mm
Greutate: 1.63 kg
Ediția:3
Editura: Oxford University Press
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Recenzii

Review from previous edition 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
It is a thoroughly impressive text and one which I hope will be regularly updated over the years to come. If it is, it will continue to become a favourite for all lawyers and, no doubt, aide judges tackling difficult commercial cases.
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
..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)

Notă biografică

Gerard McMeel is Professor of Commercial Law, University of Manchester, and a Barrister at Guildhall Chambers and Quadrant Chambers. He specializes in the areas of commercial litigation, banking and financial services.