Abstract

http://ssrn.com/abstract=1866163
 
 

Footnotes (130)



 


 



Common Intention and Contract Interpretation


David McLauchlan


Victoria University of Wellington - Faculty of Law

June 17, 2011

Lloyd's Maritime and Commercial Law Quarterly, pp. 30-50, 2011
Victoria University of Wellington Legal Research Paper No. 6/2012

Abstract:     
This article challenges the orthodox view that, in adjudicating upon contract interpretation disputes, the task of the courts is to determine the parties’ presumed intention and that evidence of the parties’ actual mutual intention, usually to be found in their communications in the course of negotiating the contract, is irrelevant and inadmissible as an aid to interpretation. It is argued that, in any event, little of substance is left in the rule excluding evidence of prior negotiations once it is accepted that such evidence is admissible to prove that relevant background facts were known to the parties and that the safety devices of rectification and estoppel are alternative means of enforcing an agreed meaning. The courts are highly unlikely nowadays to give a meaning to contractual terms that is inconsistent with a clearly proven consensus of the parties.

Number of Pages in PDF File: 22

Keywords: contract, intention, interpretation

JEL Classification: K12

Accepted Paper Series


Download This Paper

Date posted: June 17, 2011 ; Last revised: January 16, 2012

Suggested Citation

McLauchlan, David, Common Intention and Contract Interpretation (June 17, 2011). Lloyd's Maritime and Commercial Law Quarterly, pp. 30-50, 2011; Victoria University of Wellington Legal Research Paper No. 6/2012. Available at SSRN: http://ssrn.com/abstract=1866163 or http://dx.doi.org/10.2139/ssrn.1866163

Contact Information

David McLauchlan (Contact Author)
Victoria University of Wellington - Faculty of Law ( email )
PO Box 600
Wellington, 6140
New Zealand

Feedback to SSRN


Paper statistics
Abstract Views: 1,239
Downloads: 336
Download Rank: 49,169
Footnotes:  130

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.281 seconds