Elements of Contract Interpretation Steven J. Burton

ISBN: 9780199713998

Published: May 14th 2014

Unknown Binding

251 pages


Description

Elements of Contract Interpretation  by  Steven J. Burton

Elements of Contract Interpretation by Steven J. Burton
May 14th 2014 | Unknown Binding | PDF, EPUB, FB2, DjVu, audiobook, mp3, ZIP | 251 pages | ISBN: 9780199713998 | 5.68 Mb

Unclear contracts are common, and a large number of litigated cases in the U.S. require clarification of the parties agreement. The process of clarifying an unclear contract involves three legal tasks. A judge must first identify the terms to beMoreUnclear contracts are common, and a large number of litigated cases in the U.S. require clarification of the parties agreement.

The process of clarifying an unclear contract involves three legal tasks. A judge must first identify the terms to be interpreted, then must determine whether the terms are ambiguous and encompass the rival interpretations advanced by the parties. Finally, if the terms are ambiguous, a finder of fact must resolve the ambiguity by choosing between the rival interpretations.

Performing these tasks often involves the question of what evidence may be considered. Further, the courts may decide contract interpretation issues based on the agreements literal terms, or the parties objective or subjective intentions.Steven J. Burtons undertaking in Elements of Contract Interpretation is a comprehensive treatment of these issues. By identifying the concrete and legally provable elements that contract interpreters may use, he has written an invaluable resource for both practitioners and scholars alike. This book also proposes an optimal law of contract interpretation for the courts consideration.



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