Overview

Unclear contracts are common, and a large number of litigated cases in the U.S. require clarification of the parties' agreement. The process of clarifying an unclear contract involves three legal tasks. A judge must first identify the terms to be interpreted, then must determine whether the terms are ambiguous and encompass the rival interpretations advanced by the parties. Finally, if the terms are ambiguous, a finder of fact must resolve the ambiguity by choosing between the rival interpretations. Performing these tasks often involves the question of what evidence may be considered. Further, the courts may decide contract interpretation issues based on the agreement's literal terms, or the parties' objective or subjective intentions. Steven J. Burton's undertaking in Elements of Contract Interpretation is a comprehensive treatment of these issues. By identifying the concrete and legally provable elements that contract interpreters may use, he has written an invaluable resource for both practitioners and scholars alike. This book also proposes an optimal law of contract interpretation for the courts' consideration.

Full Product Details

Author:   Steven J. Burton
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 16.50cm , Height: 2.80cm , Length: 23.60cm
Weight:   0.544kg
ISBN:  

9780195337495

ISBN 10:   0195337492
Pages:   256
Publication Date:   08 January 2009
Audience:   Professional and scholarly ,  College/higher education ,  Professional & Vocational ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

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Reviews

Burton's challenging analysis constitutes an enormously valuable contribution to our understanding of contractual interpretation issues. John D. McCamus, York University, UK

<br> The principles of contract interpretation present some of the most difficult issues in contract law. Steven Burton's book, Elements of Contract Interpretation, provides a comprehensive, extremely lucid, and significant analysis of these issues. Burton's book is sure to be of great importance to legal academics, law students, judges, and members of the bar. <br>--Mel Eisenberg<br>UC Berkeley School of Law<p><br>

The principles of contract interpretation present some of the most difficult issues in contract law. Steven Burton's book, Elements of Contract Interpretation, provides a comprehensive, extremely lucid, and significant analysis of these issues. Burton's book is sure to be of great importance to legal academics, law students, judges, and members of the bar. <br> --Mel Eisenberg<br> UC Berkeley School of Law<br>

Author Information

Steven J. Burton is the John F. Murray Professor of Law at the University of Iowa. He has taught for over 30 years and published two books on contract law, Principles of Contract Law (3rd ed. 2006) and Contractual Good Faith (1995). He has also published three additional books, and multiple journal articles on contract law. Professor Burton occasionally serves as an arbitrator or expert witness in cases involving contract disputes. He was also a Fulbright Scholar, a University Faculty Scholar, and a recipient of the Burlington-Northern Faculty Achievement Award for Excellence in Teaching.

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