Overview

This fourth edition is an authority on the construction of contracts. It uniquely encompasses all the principal techniques by which the meaning and effect of agreements are ascertained: the interpretation of express language, the implication of terms, and the rectification of documents. The general principles of interpretation and the implication of terms implied in fact-or gap-fillers-have been relatively settled in the period since the last edition. Meanwhile terms implied in law, or general default rules, have come to the forefront in a sequence of Supreme Court judgments, including Wells v Devani, Triple Point Technology Inc v PTT, Barton v Morris, and Philipp v Barclays Bank, which have emphasized their role in providing transactional templates and setting minimum standards. Likewise, this edition explores the changes to the principles of common mistake rectification, analysing the impact of the Court of Appeal in FSHC Group Holdings v Glas Trust, and the Supreme Court in RMT v Nexus.The fourth edition further explores how the contra proferentem principle has become unfashionable in the eyes of English judges, and has been superseded by the more muscular clear words principle, in respect of exemption clauses, force majeure, and more generally. Brand new chapters discuss restriction of variation ('no oral modification') clauses, in the wake of MWB v Rock Advertising, and dispute resolution agreements, after Enka v Chubb. The text addresses cases that emerged in the context of Brexit, the Covid-19 pandemic, and renewed international conflicts and the accompanying sanctions. McMeel on the Construction of Contracts continues to be an essential reference work for commercial and corporate lawyers, both litigators and those negotiating and drafting deals, as well as the judges who rule on cases pertaining to contracts.

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9780192843364

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Author Information

Gerard McMeel KC is a leading commercial law scholar and practitioner, and has been a Professor at the Universities of Bristol, Manchester, and Reading. At Reading, he is Director of the Centre for Commercial Law and Financial Regulation. He has held numerous visiting positions, most recently as Visiting Professor at the National University of Singapore. Gerard was at the forefront of modern scholarship on contractual construction, and has been an influential critic of the excesses of contractual estoppel. After two decades of trial and appellate advocacy he was successful in the 2019 Queen's Counsel competition, and appointed silk in 2020. Gerard practises from Quadrant Chambers.

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