User Account
- Personal Profile: Sign in
- or Create
- See all online law products
Subscriber sign in
- Preliminary Material
- Main Text
- Prologue
- Part I The Guiding Principle
- Part II Text and Context
- Preliminary Material
- 2 Principle 2: The Text
- 3 Principle 3: The Whole Text
- 4 Principle 4: The Context
- A The Issue
- B One View: Stick to the Contract
- C The Other View: Use the Context
- D Where Are We Now?
- E No Need for Ambiguity
- F What Are the Relevant Background Facts?
- G Limitations Based on Principle
- H Limitations Based on Pragmatism
- I Summary of Limitations
- J The Knowledge of the Parties
- K Declarations of Subjective Intention
- L Prior Negotiations
- M Deleted Words
- N Subsequent Conduct
- O Third Parties
- P What Background Facts Should be Admissible?
- Part III Understanding Words
- Preliminary Material
- 5 Principle 5: Natural Meanings
- A Do Words Have an Ordinary Meaning?
- B The Context
- C The Context at the Time of the Contract
- D The Ordinary Meaning in Context, However Odd the Result
- E Definitions Clauses
- F Private Dictionaries
- G Technical Terms
- H Common Expressions
- I Standard Form Contracts
- J Canons of Construction
- K Eiusdem Generis
- L Distinguishing Interpretation from Categorization
- 6 Principle 6: Ambiguities
- 7 Principle 7: Unnatural Meanings
- A The Issue
- B The Expansive View
- C The Restrictive View
- D So Where Are We?
- E Requirements
- F Something Has Gone Wrong
- G It is Clear What Was Intended
- H Correcting Clear Drafting Errors
- I Going Beyond Correcting Clear Drafting Errors
- J Fraud
- K Taking Advantage of One’s Own Breach of Contract
- L Exclusion and Limitation Clauses
- M Liability for Negligence
- N Guarantees
- O Termination for Minor Breach
- P Judicial Distortion of the English Language
- Q Resisting the Temptation to Rewrite the Contract
- R Conclusion
- Part IV Adding Words
- Part V Changing Words
- Preliminary Material
- 9 Principle 9: Rectification
- A Types of Rectification
- B Common Intention Rectification
- C The Requirements
- D Common Intention at the Time of the Contract
- E The Subjective View
- F The Objective View
- G Where Are We Now?
- H Objective or Subjective: the Pros and Cons
- I A Possible Solution
- J The Nature of the Mistake
- K A Continuing Intention
- L Available Materials
- M Third Party Rights
- N Unilateral Mistake Rectification
- 10 Principle 10: Estoppel by Convention
- Epilogue
- Further Material
- [3.239.233.139]
- 3.239.233.139
