Abstract
This Chapter covers the very broad area of the interpretation of commercial
contracts. The principles of contractual interpretation are essentially methodological: how are the rights and obligations arising from the contractual relationship to be ascertained? This chapter examines the process of identifying the
make up of contracts (single document, multiple documents, oral representations,
incorporation by reference); attaching meaning to the terms of the contract;
and filling in gaps of a contract (supplementation). A separate Part is dedicated
to merger clauses (that is, entire agreement or final integration), which are
found in almost all written contracts.
contracts. The principles of contractual interpretation are essentially methodological: how are the rights and obligations arising from the contractual relationship to be ascertained? This chapter examines the process of identifying the
make up of contracts (single document, multiple documents, oral representations,
incorporation by reference); attaching meaning to the terms of the contract;
and filling in gaps of a contract (supplementation). A separate Part is dedicated
to merger clauses (that is, entire agreement or final integration), which are
found in almost all written contracts.
| Original language | English |
|---|---|
| Title of host publication | International Sales Law |
| Subtitle of host publication | Contract, Principles & Practice |
| Editors | Larry A DiMatteo, Andre Janssen, Ulrich Magnus, Reiner Schulze |
| Place of Publication | Germany |
| Publisher | C.H. Beck Verlag |
| Pages | 713 - 782 |
| Number of pages | 70 |
| Edition | 1st |
| ISBN (Print) | 9783848721993 |
| Publication status | Published - 2016 |
Research output
- 1 Chapter (Book)
-
The international dimensions of Australian contract law
Spagnolo, L., 2021, Australian Contract Law in the 21st Century . Eldridge, J. & Pilkington, T. (eds.). 1st ed. Alexandria NSW Australia: Federation Press, p. 221-241 21 p.Research output: Chapter in Book/Report/Conference proceeding › Chapter (Book) › Research › peer-review
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