A Unified Approach to Contract Interpretation

‘Interpretation’ (also described as ‘construction’) is central to the operation of contract law. Despite the fundamental role it plays, there have been limited attempts to explain interpretation in holistic terms. This important book aims to fill that gap by offering a systematic exposition of the iterative process. It also goes further by suggesting practical solutions to disputes regarding questions of interpretation. The book argues that interpretation is not simply about establishing what words mean – it is a process through which objective intention is inferred from the choice of words in a contract. The interpretive process involves four steps: formulate the question of interpretation in dispute; explore competing answers to the question; analyse the admissible material supporting each interpretation; and weigh and balance the competing considerations to arrive at the probable intention of the parties. By so doing, the book offers a simple yet sophisticated framework for understanding how contracts are interpreted.
Volume 32 in the series Hart Studies in Private Law