Librería Portfolio

Sketches a clear overview of contract theory for the busy practitioner.
Provides a clear map of contract interpretation for both the practitioner and student market by clarifying the sometimes elusive circumstances and terms of a contract.
Supplies tenets of contract interpretation that can be used in all jurisdictions.



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