Author

Yihan GOH

Publication Type

Journal Article

Publication Date

12-2016

Abstract

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.

Discipline

Contracts

Publication

Common Law World Review

Volume

45

Issue

4

First Page

298

Last Page

318

ISSN

1473-7795

Identifier

10.1177/1473779516672811

Publisher

SAGE Publications (UK and US)

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/10.1177/1473779516672811

Included in

Contracts Commons

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