ABSTRACT
In recent debates about the proper approach towards the interpretation of contract terms insufficient attention has been paid to the history of the subject. A close examination of that history shows that there are strong traces of both textual and contextual approaches. The balance between them is not however constant. Opposing factors have pulled in different directions at various times. It is not true to say that before modern times judges were necessarily wedded to the text of contracts. In fact, there is a very prominent seam of contextualism.
Warren Swain, The Law of Contract, Interpretation and the ‘Great Object’, Cambridge Law Journal. Published online by Cambridge University Press: 6 March 2026.
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