Private Law Theory

Abstract
Over time there has been some judicial confusion as to when objective surrounding circumstances may be taken into account to assist in the construction of terms. The nature of the objective approach has meant that on occasion, courts have shown a reluctance to look outside the four corners of the contract unless it is absolutely necessary to do so due to a textual ambiguity. The question is whether this reluctance is actually a necessary precondition to examining surrounding circumstances. The paper addresses the question of whether – or more accurately, ‘to what extent’ – evidence of surrounding circumstances is admissible as an aid to the construction or interpretation of contracts … (more)

Maha Chaar, ‘Construction of Contracts: The Ambiguity Gateway and the Current State of the Law’, University of Western Australia Law Review, volume 43 issue 2 p 73 (August 2018).

First posted 2018-08-22 14:24:51