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Trade Usages and Implied Terms in the Age of Arbitration$
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Fabien Gélinas

Print publication date: 2016

Print ISBN-13: 9780199916016

Published to Oxford Scholarship Online: May 2016

DOI: 10.1093/acprof:oso/9780199916016.001.0001

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Customs and Usages in England

Customs and Usages in England

Achieving Interpretive Accuracy by Giving Effect to Unexpressed Intent

Chapter:
(p.3) Chapter 1 Customs and Usages in England
Source:
Trade Usages and Implied Terms in the Age of Arbitration
Author(s):

Geoff R. Hall

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199916016.003.0002

In the past forty-five years, English courts have moved from a highly textualist interpretation of contracts, focused primarily on the language of the contract, toward a highly contextualist exercise in which meaning is drawn both from the language of an agreement and the factual circumstances in which the contracting parties consummated their transaction. This shift has brought the general law with respect to the interpretation of contracts into closer alignment with a subset of that law, concerning customs and usages, which constitutes an early form of contextualism that has now effectively been adopted by the entire field of contractual interpretation. In the contextualist interpretation of customs and usages, and of contracts generally, the goal is to achieve interpretive accuracy by giving effect to unexpressed intent.

Keywords:   contract interpretation, England, usages, contextualism, accuracy, unexpressed intention

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