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Interpreting statutes and contracts


Interpreting statutes and contracts: What are the differences? Part II

But perhaps the most important difference in practice between statutory and contractual interpretation is that the courts are more willing to give effect to an ...

Interpreting statutes and contracts: What are the differences? Part I

The main purpose of this two-part article is to explore the differences between the interpretation of statutes and of contracts.

Judicial Interpretation of Statutes and Contracts - Florida Courts

of Statutory Text. • Tools and Resources for Interpreting Statutes and Contracts. • Special Considerations in Contract Interpretation. • Group ...

72. Principles Of Contract Interpretation - Department of Justice

In construing the terms of a contract, however, the parties' intent must be gathered from the instrument as a whole in an attempt to glean the meaning of terms ...

Interpretation and Construction in Contract Law

This is so when their agreement runs contrary to a mandatory rule, such as minimum wage or civil rights laws, the penalty rule, or the more ...

Interpreting Statutes and Contracts: A Distinction Without a Difference?

The intuition felt by many legal practitioners is that the process of interpreting statutes is somehow different to the approach taken to ...

"Interpreting Contracts in a Regulatory State" by Aditi Bagchi

Some scholars would limit courts to the text of written agreements when interpreting contracts on the theory that parties meant what they said, and said what ...

Interpretation of statutes and contracts

Evidence is admissible to construe its meaning, by reference to its context or the factual circumstances under which the contract was concluded.

The key points on contractual interpretation | Gowling WLG

What are the main principles of contract interpretation? · Words will be given their natural and ordinary meaning · An objective approach - but ...

Towards a Grand Theory of Interpretation: The Case of Statutes and ...

Gava, 'The Perils of Judicial Activism: the Contracts Jurisprudence of Justice Michael Kirby' (1999) 15 Journal of Contract Law 156 at. 164. 3 DeL v. Director- ...

"Are Statutes Really "Legislative Bargains"? The Failure of the ...

Recent scholarship draws an analogy between contract and statutory interpretation. In this Article, Professor Movsesian explores and rejects that analogy.

Interpreting Statutes and Contracts: A Distinction Without a Difference?

Portions of the discussion on statutory interpretation in this article are based on a presentation given by one of the authors at a plenary ...

Interpretation of Contracts in Comparative and Uniform Law

Interpretation of Contracts in Comparative and Uniform Law provides a comparative examination of the principles of interpretation of ...

Interpretation of Contracts - CALI Lessons

Interpretation involves an ascertainment of the meaning of the words and provisions of a contract. Whereas construction of a contract relates to the legal ...

Interpreting Contracts Without Context - NYU Law

Choi and Mitu Gulati, Contract as Statute, 104 MICH. L. REV. 1129 (2006). But evidence of this sort is essentially irrelevant to contract ...

Pernicious Ambiguity in Contracts and Statutes - BrooklynWorks

Contract language is ambiguous if it is susceptible to more than one reasonable interpretation." 10 These statements are fair as far as they go, but they leave ...

Private Law Statutory Interpretation - Scholarship Archive

2. The latter is epitomized by the areas of constitutional law, administrative law, and criminal law, while the areas of contract law, tort law, property law,.

Rule of Construction & Interpretation of Law | Overview & Example

In the legal field, jurists, attorneys and lay people are faced with the interpretation of private contracts and of public statutes and even the Constitution of ...

Statutes and Rules of Law as Implied Contract Terms

As under the better view, this view of the precept is a matter of contract construction and not contract interpretation. Reconciling the ...

20. Common Rules of Contract Interpretation

The interpretation of a contract is a legal matter that lies in the province of judges and arbitrators, not the parties to the contracts themselves.


Employment Law Answer Book

Book by James O Castagnera