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McMeel on The Construction of Contracts, 3rd Edition by McMeel, Gerard (12th October 2017)

Part I The General Part, 3 The Objective Principle of Construction

From: McMeel on The Construction of Contracts (3rd Edition)

Gerard McMeel

Formation of contract — Interpretation of contract — Performance of contract

This chapter presents an objective approach to the enforcement of contracts. This approach is based on the reasonable expectation of the community in general, and individual contractors in particular, that promisors will perform in accordance with their undertakings. The justifiable reliance of the recipients of promises on the apparent meaning of the words used thus requires protection. This in turn favours an objective approach, which concentrates on the question of how the promisor manifested its intentions. The issue is not what the promisor meant to say or write, but what the promisor said or wrote. English law is firmly committed to this particular approach.

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