Abstract
Chapter 29 concerns objective and subjective elements of interpretation. A deep difference between classical and modern contract law is that the standards of classical contract law were almost entirely objective, whereas the standards of modern contract law include subjective elements. This difference is particularly striking in the area of interpretation. Classical contract law adopted a standard of interpretation that was almost purely objective. However just as the aim of contract law should be to effectuate the objectives of contracting parties, subject to applicable conditions and constraints, so the aim of interpretation should be to ascertain those objectives, subject to those conditions and constraints, and subjective understandings often play a crucial role in this ascertainment process.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.