Principle 1: Objective Common Intention

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ID: 313346
2026
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Abstract
Abstract This chapter explains that the purpose of contractual interpretation is to establish the intention of the parties to the contract. This is done objectively: what would a reasonable person understand their common intention to be from what they have written, said, and done? The chapter discusses what we mean when we talk about the intention of the parties. It explains how the objective approach to interpretation works, and why it is preferred to the subjective approach. Interpretation is important in practice because of the breath of the principle of freedom of contract. The chapter discusses this and its limits, including the penalty doctrine.
Reference Key
openalex_W7161406565 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Richard Calnan, Paul S. Davies
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/law/9780198897163.003.0002
URL
https://doi.org/10.1093/law/9780198897163.003.0002
Keywords Keywords not found

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