Plain Meaning and Commercial Construction: Has Australia Adopted the ICS Principles?

Journal of Contract Law, Vol. 25, pp. 7-38, 2009

Victoria University of Wellington Legal Research Paper No. 2/2012

33 Pages Posted: 24 Dec 2011 Last revised: 5 Apr 2015

See all articles by David McLauchlan

David McLauchlan

Victoria University of Wellington, Te Herenga Waka - Faculty of Law

Date Written: December 21, 2011

Abstract

In this article Professor McLauchlan discusses the effects of Lord Hoffmann’s famous restatement of the fundamental principles of contract interpretation in the Investors Compensation Scheme case and traces the history of its reception in Australia. He argues that the case law is characterised by misunderstandings and mixed messages and concludes that the status of the restatement in Australia remains problematic. Indeed, he suggests that, if the reasoning of the New South Wales Court of Appeal in Kooee Communications case is correct, the Investors Compensation Scheme case itself would have to be decided differently in Australia.

Keywords: Contract, Interpretation

JEL Classification: K12

Suggested Citation

McLauchlan, David, Plain Meaning and Commercial Construction: Has Australia Adopted the ICS Principles? (December 21, 2011). Journal of Contract Law, Vol. 25, pp. 7-38, 2009, Victoria University of Wellington Legal Research Paper No. 2/2012, Available at SSRN: https://ssrn.com/abstract=1975577 or http://dx.doi.org/10.2139/ssrn.1975577

David McLauchlan (Contact Author)

Victoria University of Wellington, Te Herenga Waka - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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