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Part I The General Part, 7 Presumptions

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

Gerard McMeel

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 31 March 2023

Breach of contract — Illegality and contract — Interpretation of contract — Remedies for breach of contract

This chapter discusses statutory and common law presumptions. It first considers two statutory presumptions: the Law of Property Act 1925 and the Interpretation Act 1978. The chapter then shifts the analysis to several common law presumptions. First, it discusses the presumption that a contracting party cannot take advantage of its own wrong. Next, the chapter turns to the presumption that clear words are required to exclude or modify remedies that arise by operation of law. Finally, this chapter discusses further types of common law presumptions: the presumption of legality, the presumption against impossibility, the presumption of technical legal usage in documents drafted by lawyers, and the presumption in favour of one-stop dispute-resolution.

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