Elements of Contract Interpretation
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Elements of Contract Interpretation: What Everyone Needs to Know®(What Everyone Needs to Know)

Elements of Contract Interpretation: What Everyone Needs to Know®(What Everyone Needs to Know)


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About the Book

This book describes and analyzes the law of contract interpretation in the United States, offering a strong guide for legal practitioners, judges, and scholars involved in contract law. Structured along two dimensions, Elements of Contract Interpretation first takes a look at the "elements" within contract interpretation. This includes the particular sources of evidence, the building blocks of interpretation that the courts recognize when interpreting contracts. Such examples include the governing contract terms; the circumstances when the contract is made; each party's purpose; usages; and the maxims of contract interpretation. The second dimension is three theories of contract interpretation - literalism, objective theory, and subjective theory. Each theory allows a court to recognize a different set of interpretive elements, and, in practice, how the law of different jurisdictions in the U.S. endorse one theory or another. Since some jurisdictions combine theories within a two- or three-step framework for analysis, this type of law makes this book a primary resource for both practitioners and academics.

Table of Contents:
Preface ; Chapter 1: Goals, Tasks and Theories ; Chapter 2: The Elements ; Chapter 3: Identifying the Terms ; Chapter 4: The Ambiguity Question ; Chapter 5: Resolving Ambiguities ; Chapter 6: Objective Contextual Interpretation ; Index

About the Author :
Steven J. Burton is the John F. Murray Professor of Law at the University of Iowa. He has taught for over 30 years and published two books on contract law, Principles of Contract Law (3rd ed. 2006) and Contractual Good Faith (1995). He has also published three additional books, and multiple journal articles on contract law. Professor Burton occasionally serves as an arbitrator or expert witness in cases involving contract disputes. He was also a Fulbright Scholar, a University Faculty Scholar, and a recipient of the Burlington-Northern Faculty Achievement Award for Excellence in Teaching.

Review :
"The principles of contract interpretation present some of the most difficult issues in contract law. Steven Burton's book, Elements of Contract Interpretation, provides a comprehensive, extremely lucid, and significant analysis of these issues. Burton's book is sure to be of great importance to legal academics, law students, judges, and members of the bar." --Mel Eisenberg UC Berkeley School of Law "A book-length treatment of the law of contract interpretation is long overdue. Steven Burton's Elements of Contract Interpretation most successfully fills that void. Anyone interested in contract law should read and study this book, which constitutes a comprehensive survey of interpretation issues and identifies 'objective contextual interpretation' as the preferred method of interpretation. Interpretation is one of the most controversial (and important) subjects of contract law and Elements of Contract Interpretation will be a very useful tool in sorting out interpretation's challenging issues." --Robert A. Hillman Cornell University Law School


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Product Details
  • ISBN-13: 9780195337495
  • Publisher: Oxford University Press Inc
  • Publisher Imprint: Oxford University Press Inc
  • Height: 236 mm
  • No of Pages: 256
  • Series Title: What Everyone Needs to Know
  • Sub Title: What Everyone Needs to Know®
  • Width: 165 mm
  • ISBN-10: 0195337492
  • Publisher Date: 08 Jan 2009
  • Binding: Hardback
  • Language: English
  • Returnable: N
  • Spine Width: 28 mm
  • Weight: 544 gr


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