Much of the contemporary scholarship on contractual interpretation is staunchly against a textual analysis, by which a court can only depart from the plain meaning of a contract exceptionally. It is therefore no surprise that scholars have reacted negatively to the spate of recent cases where the English courts have re-emphasized the plain meaning of the text in contractual interpretation. Yet one cannot help but wonder whether a textual analysis is really so problematic when courts across the common law world have re-embraced it. Drawing from both theoretical and comparative perspectives, this paper suggests that a focus on the text in contractual interpretation, and the corresponding application of the plain meaning rule, is to be welcomed and not scorned.
Common Law World Review
SAGE Publications (UK and US)
From context to text in contractual interpretation: Is there really a problem with the plain meaning rule?. (2016). Common Law World Review. 45, (4), 298-318. Research Collection School Of Law.
Available at: http://ink.library.smu.edu.sg/sol_research/2150
Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.