Journal article

Purposive contractual interpretation

Andrew Robertson

LEGAL STUDIES | CAMBRIDGE UNIV PRESS | Published : 2019

Abstract

It is now well recognised that contractual purposes play an important role in the construction of contracts. The methods by which purposes are taken into account have not, however, been systematically explored. This paper considers three central issues in the purposive construction of contracts: First, the reasons contractual purposes are relevant to the interpretation of express terms and the identification of implied terms; secondly, the way in which contractual purposes are identified and distinguished from individual party interests; and, thirdly, the different ways in which contractual purposes inform the processes of interpretation and implication. It is argued that reference to contra..

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University of Melbourne Researchers