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Description - Elements of Contract Interpretation by Steven J. Burton

Unclear contracts are common, and a large number of litigated cases in the U.S. require clarification of the parties' agreement. The process of clarifying an unclear contract involves three legal tasks. A judge must first identify the terms to be interpreted, then must determine whether the terms are ambiguous and encompass the rival interpretations advanced by the parties. Finally, if the terms are ambiguous, a finder of fact must resolve the ambiguity by choosing
between the rival interpretations. Performing these tasks often involves the question of what evidence may be considered. Further, the courts may decide contract interpretation issues based on the
agreement's literal terms, or the parties' objective or subjective intentions. Steven J. Burton's undertaking in Elements of Contract Interpretation is a comprehensive treatment of these issues. By identifying the concrete and legally provable elements that contract interpreters may use, he has written an invaluable resource for both practitioners and scholars alike. This book also proposes an optimal law of contract interpretation for the courts' consideration.

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Book Details

ISBN: 9780195337495
ISBN-10: 0195337492
Format: Hardback
(242mm x 162mm x 20mm)
Pages: 256
Imprint: Oxford University Press Inc
Publisher: Oxford University Press Inc
Publish Date: 29-Jan-2009
Country of Publication: United States

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Author Biography - Steven J. Burton

Steven J. Burton is the John F. Murray Professor of Law at the University of Iowa. He has taught for over 30 years and published two books on contract law, Principles of Contract Law (3rd ed. 2006) and Contractual Good Faith (1995). He has also published three additional books, and multiple journal articles on contract law. Professor Burton occasionally serves as an arbitrator or expert witness in cases involving contract disputes. He was also a Fulbright Scholar, a University Faculty Scholar, and a recipient of the Burlington-Northern Faculty Achievement Award for Excellence in Teaching.

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