Class notes
Contract law
- Course
- Institution
Lecture notes of 1 pages for the course at City (,)
[Show more]
Seller
Follow
leezam
Content preview
L8 ~ Interpretation of TermsWednesday, December 1, 2021 09:15
-interpretation/construction — same meaning different
words
-interpretation:
-determining the tue meaning of the text
-starting point is the text but there are also other
factors to take into account
-important to determine the obligations of the parties
-interpretation of contract is done by courts.
Principles of interpretation ~
-The court will seek to give effect to the intentions of
the parties.
-Objective assessment based on ::
-the text of the contract
-the surrounding circumstances.
-Intention is determined by reference to the
expressed, rather than actual intention of the parties
(objective approach).
-Deutsche Genossenschaftsbank v
Burnhope [1995].
-The traditional approach [until 1997] — literal
approach:
-Lovell & Christmas Ltd v Wall (1911) —
-interpretation according to the ordinary
grammatical meaning of the words used.
-traditional approach was the literal
approach
-the interpretations should be in
accordance to the ordinary English and
grammatical meaning of the words.
-Modern approach- contextual approach:
-Marley v Rawlings [2014] —
- taking into account a number of factors,
but ignoring the subjective intentions.
The contextual approach ~
-Lord Hoffmann explaining the approach in Investors
Compensation Scheme Ltd v West Bromwich Building
Society [1997] , stated that the court should consider:
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller leezam. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $13.07. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
56326 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now