Elements of Contract Interpretation

This book describes and analyzes the law of contract interpretation in the United States offering a strong guide for legal practitioners judges and scholars involved in contract law. Structured along two dimensions Elements of Contract Interpretation first takes a look at the elements within contract interpretation. This includes the particular sources of evidence the building blocks of interpretation that the courts recognize when interpreting contracts. Such examples include the governing contract terms; the circumstances when the contract is made; each party''s purpose; usages; and the maxims of contract interpretation. The second dimension is three theories of contract interpretation - literalism objective theory and subjective theory. Each theory allows a court to recognize a different set of interpretive elements and in practice how the law of different jurisdictions in the U.S. endorse one theory or another. Since some jurisdictions combine theories within a two- or three-step framework for analysis this type of law makes this book a primary resource for both practitioners and academics.