Publication Type

Journal Article

Publication Date

9-2013

Abstract

This paper examines the approaches towards contractual interpretation taken by Commonwealth jurisdictions governed by the Indian Evidence Act. While some of these jurisdictions import the modern contextual approach into their domestic approaches, it will be argued that it is largely compatible with the Indian Evidence Act. In particular, it will be shown that a limited adoption of the modern contextual approach is permissible, namely one involving the limited admissibility of extrinsic evidence to interpret contracts, subject to the requirement of ambiguity. An integrated approach may represent the best way of following the modern contextual approach, while remaining faithful to the original intent behind the Indian Evidence Act.

Discipline

Asian Studies | Contracts

Research Areas

Commercial Law

Publication

Oxford University Commonwealth Law Journal

Volume

13

Issue

1

First Page

17

Last Page

48

ISSN

1472-9342

Identifier

10.5235/14729342.13.1.17

Publisher

Hart Publishing

Copyright Owner and License

Author

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Additional URL

http://doi.org/10.5235/14729342.13.1.17

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