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A matter of interpretation – the Supreme Court look at contractual ...


Supreme Court on contractual interpretation: striking a balance ...

The Supreme Court emphasised that it did not seek, once again, to reformulate the guidance to the legal profession, noting that its judgments in ...

Supreme Court, Plain Meaning, and the Changed Rules of Evidence

relevant to co-conspirators' out-of-court statements, a court may not look at the hearsay statements ... courts considering the question have rejected a rigid ...

The Interpretation of Commercial Contracts: An Empirical Study

52. Lisa Bernstein, Merchant Law in a Merchant Court: Rethinking the Code's Search for. Immanent Business Norms, 144 U. PA. L. REV.

What to Do When Contract Ambiguity Creates Conflict

In a dispute, the question of whether a contract is ambiguous is a question of law and must be decided by the court. There are two ...

Due Process and the Problem of Public Contracts: A Critical Look at ...

Accordingly, the Supreme Court took up the task of giving "some meaning" to the scope of constitutional property in Board of Regents v. Roth,23 and its ...

Contractual Interpretation and the Reasonable Business Person The ...

3. I turn first to the objective theory of contract. That theory, in short, as explained in 1983 by the High Court in Taylor v Johnson, is that ...

Interpreting State Statutes in Federal Court

of stare decisis). Or consider a court that believes interpretation is a matter of universal law that all courts may independently engage in, regardless of ...

Dred Scott v. Sandford (1857) - National Archives

The duty of the court is, to interpret the instrument they have framed, with the best lights we can obtain on the subject, and to administer it ...

The Origins of Judicial Deference to Executive Interpretation

It argues that the Supreme Court in Chevron, and scholarly commentators since, have misidentified nineteenth-century statutory interpretation ...

The Legal Landscape of Government Contracts Post-Chevron ...

Instead of relying on an agency's interpretation, the courts will now be looking at the merits of the matter, likely reviewing more closely ...

Arbitration of Worker Contracts: New Prime's Proper Statutory ...

current Supreme Court that the meaning of the statute at the time the ... 58 Antonin Scalia, A MATTER OF INTERPRETATION: FEDERAL COURTS AND THE LAW, 32.

Harvard Law Review |

The Supreme Court has traditionally emphasized its duty to resolve specific “Cases” or “Controversies,” and not to declare general principles of law wholly ...

Significant contractual interpretation case in the Supreme Court

In a forthcoming decision, the Supreme Court has signalled that it may clarify the position on significant issues of contractual interpretation.

Contractual interpretation: shades of grey | Clifford Chance

The question for the court was whether reinvestment was ... UKSC 36, the Supreme Court's most recent exploration of the issues raised by the interpretation of ...

A Practitioner's Guide to Arguing Cases of Statutory Interpretation

An additional reason for invoking the plain language rule in seem- ingly inapposite circumstances is organizational. The Supreme Court has ...

The Interpretation of Written Contracts - High Court of Australia

... interpreting the words of a written contract was often different. In many cases, the interpretation of contractual words was primarily a matter of law, in an.

Digging Deep into Exclusion Clauses: The Supreme Court ... - Fasken

While “[t]he facts surrounding the formation of a contract are relevant to its interpretation”… they “must never be allowed to overwhelm the ...

A Framework for Distinguishing Between Questions of Fact and ...

In Sattva Capital Corp v Creston Moly Corp, the Supreme Court of Canada established that contractual interpretation generally involves ...

JIR Article - An Analysis of Interpretation of Insurance Contracts - NAIC

As a preliminary matter, when interpreting insurance contracts, the primary purpose is to effectuate the parties' mutual intention by looking at the contract's.

New Zealand Supreme Court reviews principles of contract ...

Evidence of pre-contractual negotiations remains potentially admissible when undertaking an objective search for the meaning of the contract.