In Australian common law system, there are discrepancies between the judicial decisions regarding the interpretation of contracts. In this research paper, I intend to clarify legal issues that cause these differences. In addition, I discuss the implications of adopting more specific rules in Australia. To do so, I compare the Australian case to other countries with civil law systems that have established similar norms. Then, I advocate for developing and adopting a law that is in accordance with current international principles
At common law, there is authority dating back to 1908 for the principle that ‘every Statute is to be...
The legal literature has long showed that common law courts tend to interpret contracts in a more li...
Privity and the inter-twined notion of consideration are key features of the classical Common law of...
In this article we report the results of three experiments involving the participation of 1800 subje...
In this Article we are not endeavouring to engage in the debate at the level of theory. Rather, we a...
Principles of Australian Contract Law set out the general principles of contract law in a manner tha...
This paper is concerned with the question of whether or not Australian contract law should be codifi...
Contract interpretation remains the largest single source of contract litigation between business fi...
Contract interpretation is one of the most important topics in commercial law. Unfortunately, the la...
LLM (International Trade Law), North-West University, Potchefstroom CampusIn South Africa, contractu...
Since the last edition was completed at the end of 2004 most of the changes that have occurred in th...
Differing interpretation of contract requirements is among key causes of construction contractual di...
English commercial contract law is undergoing its own ‘interpretative turn’. According to Lord Hoffm...
Recently, we came across a very well written and thoroughly researched article by Dharmananda and Fi...
The Case Law in common law jurisdictions is massive and burgeoning. This is particularly true of pri...
At common law, there is authority dating back to 1908 for the principle that ‘every Statute is to be...
The legal literature has long showed that common law courts tend to interpret contracts in a more li...
Privity and the inter-twined notion of consideration are key features of the classical Common law of...
In this article we report the results of three experiments involving the participation of 1800 subje...
In this Article we are not endeavouring to engage in the debate at the level of theory. Rather, we a...
Principles of Australian Contract Law set out the general principles of contract law in a manner tha...
This paper is concerned with the question of whether or not Australian contract law should be codifi...
Contract interpretation remains the largest single source of contract litigation between business fi...
Contract interpretation is one of the most important topics in commercial law. Unfortunately, the la...
LLM (International Trade Law), North-West University, Potchefstroom CampusIn South Africa, contractu...
Since the last edition was completed at the end of 2004 most of the changes that have occurred in th...
Differing interpretation of contract requirements is among key causes of construction contractual di...
English commercial contract law is undergoing its own ‘interpretative turn’. According to Lord Hoffm...
Recently, we came across a very well written and thoroughly researched article by Dharmananda and Fi...
The Case Law in common law jurisdictions is massive and burgeoning. This is particularly true of pri...
At common law, there is authority dating back to 1908 for the principle that ‘every Statute is to be...
The legal literature has long showed that common law courts tend to interpret contracts in a more li...
Privity and the inter-twined notion of consideration are key features of the classical Common law of...