We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Purposive contractual interpretation.
- Authors
Robertson, Andrew
- Abstract
It is now well recognised that contractual purposes play an important role in the construction of contracts. The methods by which purposes are taken into account have not, however, been systematically explored. This paper considers three central issues in the purposive construction of contracts: first, the reasons contractual purposes are relevant to the interpretation of express terms and the identification of implied terms; secondly, the way in which contractual purposes are identified and distinguished from individual party interests; and, thirdly, the different ways in which contractual purposes inform the processes of interpretation and implication. It is argued that reference to contractual purposes can both raise and resolve interpretive choices, and that purposive construction plays a significant and under-recognised role in the identification of implied terms.
- Subjects
CONSTRUCTION contracts; IMPLIED terms (Contracts); INTERPRETATION &; construction of contracts; HOFFMANN, L. H. (Leonard Hubert), 1934-; LEGAL instruments
- Publication
Legal Studies, 2019, Vol 39, Issue 2, p230
- ISSN
0261-3875
- Publication type
Article
- DOI
10.1017/lst.2018.33