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McMeel on The Construction of Contracts
Interpretation, Implication, and Rectification3541
The third edition of this major reference work continues to be an invaluable resource for practitioners and academics who want to understand not only the principles and doctrines involved in the construction of contracts, but also future trends in commercial contract litigation.
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Fler böcker av Gerard McMeel
Gerard McMeel, John Virgo
Now in hardback, this comprehensive work covers the legal and regulatory environment in which claims concerning sales of and advice on financial products for individuals and businesses are brought and defended. Fully updated to explain the impact ...
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Professor Michael Furmston, Dean, School of Law and Professor of Law, Singapore Management University 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
The Student Law Journal 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.
Review of previous edition, Peter McDonald Eggars QC  Lloyd's Maritime and Commercial Law 411 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, Professor David McLauchlan, (2009) 31 Sydney LR 5 ..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)
Gerard McMeel is Professor of Commercial Law, University of Manchester, and aBarrister, at Guildhall Chambers, and Quadrant Chambersn. He specializes in the areas of commercial litigation, banking and financial services.
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 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, and Estoppel by Deed 19: Construction and Mistake as a Vitiating Factor 20: Conditions, Warranties, and Indemnities 21: Exemption Clauses and Unfair Contract Terms 22: Change of Circumstances and Force Majeure Clauses 23: Modification of Remedies: Express Termination, Retention of Title and No Set-off Clauses 24: Payment: Penalties, Liquidated Damages and Acceleration Clauses 25: Time Stipulations 26: The Integrity of the Instrument: Entire Agreement and Non-reliance Clauses 27: The Status of Instruments: Forgeries, Deliberate Alteration, Non est factum, and Shams 28: Evidence: documents, originals and copies