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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explores how the contra proferentem principle has become unfashionable in the eyes of English judges, and has been superseded by the more muscular clear words principle, in respect of exemption clauses, force majeure, and more generally.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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This much-awaited practical compendium on the subject of limitation will greatly assist practitioners in all fields of civil litigation. The topic is set in the fullest possible context, with thorough coverage of the commonly arising matters in tort and contract, supplemented by expert and fine-tuned analysis of a wide range specialist frameworks. Insolvency, company law, and arbitration are among the more rarely discussed practical contexts presented here. Analysis of statutory limitation under the Limitation Act 1980 and a range of other intersecting statutes (including The Merchant Shipping Act; The Foreign Limitation Periods Act; International Transport Conventions; and contractual or other time bars) is brought together under one volume, edited by a renowned specialist in the field. Part I begins with a brief historical introduction to the subject of limitation before taking the reader through the general categories of claim, in tort (personal injury, defective products, personal property; defamation and fatal accidents), in contract, in real and personal property, and in many of the most common areas. Factors postponing or extending time are fully discussed in the Part II. Specialist contexts including banking, the administration of estates, employment and discrimination, companies, insolvency, and arbitration are covered in Part III. Transecting statutory regimes which impact upon limitation in a domestic or international context are the subject of Part IV. The book concludes with procedural advice for pleading a defence of limitation, drafting statements of case, and understanding the relationship with the Civil Procedure Rules. The Limitation Act 1980 is provided in full along with other relevant provisions.