Interpretation of commercial contracts
DKK
1,098.00
inkl. moms
DKK
878.40
ekskl. moms
ISBN:
9788215031385
Sprog:
Engelsk
Indbinding:
Indbundet
Sideantal:
262
Forlag:
Universitetsforlaget
Udgivelsesdato:
01-02-2019
Udgivelsesår:
2019
Udgivelsesland:
Norge
Serienr.:
0
BESKRIVELSE:
This book provides comprehensive guidance on the interpretation of commercial
contracts. The emphasis is on the core elements of contract law in the Norwegian
and Nordic tradition and on the interpretation of contracts as set out by the
Norwegian Supreme Court. Based on a synthesis of the case law, the key questions
and their order in the interpretation process are formulated in certain key
tests. Comparative observations are used as a benchmark.
The author lays out the rationale for and key features of the golden rule of
«objective interpretation» in a Nordic and historical-comparative context and
identifies the relevance and relative weight of the different elements that can
serve as an aid in the interpretation of contracts. The effect of the system of
the contract ("the contract as a whole") and the background law is carefully
addressed.
The book elaborates on a crucial question in disputes on the interpretation of
contracts: on what basis can the solution that follows from an objective
interpretation be deviated from? What threshold applies, and what is the
relationship between the objective interpretation and the common understanding
rule, the burden of proof, the standard of proof, presumptions etc. The
relevance and weight given to "business common sense" and "hypothetical"
intentions are also addressed, as are certain topics relating to unforeseen
events in long-term contracts, the relationship to the doctrine of failed
assumptions and the effect of entire agreement clauses and sole remedy clauses
under Norwegian Law.

