Jump to ContentJump to Main Navigation
Comparative Contract LawBritish and American Perspectives$
Users without a subscription are not able to see the full content.

Larry DiMatteo and Martin Hogg

Print publication date: 2015

Print ISBN-13: 9780198728733

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198728733.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 January 2020

Can Judges Use Business Common Sense in Interpreting Contracts?

Can Judges Use Business Common Sense in Interpreting Contracts?

Chapter:
(p.272) 14 Can Judges Use Business Common Sense in Interpreting Contracts?
Source:
Comparative Contract Law
Author(s):

Lord Hodge

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198728733.003.0029

This chapter poses the question: can judges use business common sense in interpreting contracts? It reviews the use of contextual interpretation in the US and then lays out important factors for courts to consider in the interpretive process (and to determine whether the use of contextual evidence is appropriate)—formality of the contract in question; danger of an over-literal (formalistic) approach; how certain interpretations affect third parties; the long-term or relational nature of a given contract; and the benefits and pitfalls of a purposive approach to interpretation. It offers five interpretative propositions, before analysing the convergence and divergence of English and Scottish approaches to contractual interpretation.

Keywords:   contract law, interpretation, business common sense, context, relational contracts, purposive approach, formality, third parties

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .