Common intention and contract interpretation

McLauchlan, David (2011) Common intention and contract interpretation. Lloyd's Maritime and Commercial Law Quarterly, 2011 1: 30-50.

Attached Files (Some files may be inaccessible until you login with your UQ eSpace credentials)
Name Description MIMEType Size Downloads
Author McLauchlan, David
Title Common intention and contract interpretation
Journal name Lloyd's Maritime and Commercial Law Quarterly   Check publisher's open access policy
ISSN 0306-2945
ISBN 9781859789780
1859789781
Publication date 2011
Sub-type Article (original research)
Volume 2011
Issue 1
Start page 30
End page 50
Total pages 21
Place of publication Colchester, Essex, U.K.
Publisher Informa UK
Collection year 2012
Language eng
Formatted abstract
This article challenges the orthodox view that, in adjudicating upon contract interpretation disputes, the task of the courts is to determine the parties’ presumed intention and that evidence of the parties’ actual mutual intention, usually to be found in their communications in the course of negotiating the contract, is irrelevant and inadmissible as an aid to interpretation. It is argued that, in any event, little of substance is left in the rule excluding evidence of prior negotiations once it is accepted that such evidence is admissible to prove that relevant background facts were known to the parties and that the safety devices of rectification and estoppel are alternative means of enforcing an agreed meaning. The courts are highly unlikely nowadays to give a meaning to contractual terms that is inconsistent with a clearly proven consensus of the parties.
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ
Additional Notes This is a revised version of a paper delivered at the Obligations V conference held in Oxford on 14–16 July 2010.

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2012 Collection
TC Beirne School of Law Publications
 
Versions
Version Filter Type
Citation counts: Google Scholar Search Google Scholar
Created: Fri, 23 Mar 2012, 11:39:45 EST by Carmen Buttery on behalf of T.C. Beirne School of Law