McMeel on the Construction of Contracts
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Product details:
- Edition number 4
- Publisher OUP Oxford
- Date of Publication 4 December 2025
- ISBN 9780192843364
- Binding Hardback
- No. of pages1120 pages
- Size 253x175x60 mm
- Weight 1772 g
- Language English 643
Categories
Short description:
This text demystifies how lawyers analyse contract small-print, explaining legal techniques and linking modern contractual language to broader studies. Essential for commercial and financial legal practitioners, it's cited in courts worldwide.
MoreLong description:
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explores how the contra proferentem principle has become unfashionable in the eyes of English judges, and has been superseded by the more muscular clear words principle, in respect of exemption clauses, force majeure, and more generally.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.
Table of Contents:
I
THE GENERAL PART
Principles and Policy
Comparative and Theoretical Perspectives
The Objective Principle of Construction
Internal Context: The Whole Contract Approach
External Context: Surrounding Circumstances, 'Matrix', and 'Background'
Standard Form Contracts and Standard Provisions or 'Boilerplate Clauses'
Presumptions
Maxims
II
RELATED DOCTRINES
Implication of Terms: General Principles
Implication of Terms at Law: Standard Incidents, Mandatory Rules, and Default Rules
Implication of Terms in Fact: Contractual Gap Filling
Custom, Usage and Trade Practice
New Horizons: Relational Contracts, Obligations of Good Faith, and Constraining Contractual Discretions
Formation and Certainty
Incorporation and Proof of Terms
Parties, Third Party Effects, and Clauses Precluding Assignment
Rectification and Correcting Mistakes through Construction
Estoppel by Convention and Estoppel by Deed
Construction and Mistake as a Vitiating Factor
III
PARTICULAR CONTRACTUAL PROVISIONS
Conditions, Warranties, and Indemnities
Exemption Clauses and Unfair Contract Terms
Change of Circumstances and Force Majeure Clauses
Restriction of Variation and Waiver (or 'No Oral Modification') Clauses
Express Termination Clauses and Other Modifications of Remedies
Payment Provisions, Agreed Damages Clauses, and the Penalty Rule
Time Stipulations
The Integrity of the Instrument: 'Entire Agreement' and 'Non-Reliance' Clauses
Dispute Resolution: Choice of Court Agreements, Choice of Law, Arbitration, and Alternative Dispute Resolution
IV
RULES RELATING TO WRITTEN CONTRACTS
The Status of Instruments: Forgeries, Deliberate Alteration, Non Est Factum, and Shams
V
CONSTRUCTIONS AND PRACTICE
Evidence and Practice
