McMeel on the Construction of Contracts
This fourth edition is an authority on the construction of contracts. It uniquely encompasses all the principal techniques by which the meaning and effect of agreements are ascertained: the interpretation of express language, the implication of terms, and the rectification of documents. The general principles of interpretation and the implication of terms implied in fact-or gap-fillers-have been relatively settled in the period since the last edition. Meanwhile terms implied in law, or general default rules, have come to the forefront in a sequence of Supreme Court judgments, including Wells v Devani, Triple Point Technology Inc v PTT, Barton v Morris, and Philipp v Barclays Bank, which have emphasized their role in providing transactional templates and setting minimum standards. Likewise, this edition explores the changes to the principles of common mistake rectification, analysing the impact of the Court of Appeal in FSHC Group Holdings v Glas Trust, and the Supreme Court in RMT v Nexus.

The fourth edition further explores how the contra proferentem principle has become unfashionable in the eyes of English judges, and has been superseded by the more muscular clear words principle, in respect of exemption clauses, force majeure, and more generally. Brand new chapters discuss restriction of variation ('no oral modification') clauses, in the wake of MWB v Rock Advertising, and dispute resolution agreements, after Enka v Chubb. The text addresses cases that emerged in the context of Brexit, the Covid-19 pandemic, and renewed international conflicts and the accompanying sanctions. McMeel on the Construction of Contracts continues to be an essential reference work for commercial and corporate lawyers, both litigators and those negotiating and drafting deals, as well as the judges who rule on cases pertaining to contracts.
1126901943
McMeel on the Construction of Contracts
This fourth edition is an authority on the construction of contracts. It uniquely encompasses all the principal techniques by which the meaning and effect of agreements are ascertained: the interpretation of express language, the implication of terms, and the rectification of documents. The general principles of interpretation and the implication of terms implied in fact-or gap-fillers-have been relatively settled in the period since the last edition. Meanwhile terms implied in law, or general default rules, have come to the forefront in a sequence of Supreme Court judgments, including Wells v Devani, Triple Point Technology Inc v PTT, Barton v Morris, and Philipp v Barclays Bank, which have emphasized their role in providing transactional templates and setting minimum standards. Likewise, this edition explores the changes to the principles of common mistake rectification, analysing the impact of the Court of Appeal in FSHC Group Holdings v Glas Trust, and the Supreme Court in RMT v Nexus.

The fourth edition further explores how the contra proferentem principle has become unfashionable in the eyes of English judges, and has been superseded by the more muscular clear words principle, in respect of exemption clauses, force majeure, and more generally. Brand new chapters discuss restriction of variation ('no oral modification') clauses, in the wake of MWB v Rock Advertising, and dispute resolution agreements, after Enka v Chubb. The text addresses cases that emerged in the context of Brexit, the Covid-19 pandemic, and renewed international conflicts and the accompanying sanctions. McMeel on the Construction of Contracts continues to be an essential reference work for commercial and corporate lawyers, both litigators and those negotiating and drafting deals, as well as the judges who rule on cases pertaining to contracts.
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McMeel on the Construction of Contracts

McMeel on the Construction of Contracts

by Gerard Kc McMeel
McMeel on the Construction of Contracts

McMeel on the Construction of Contracts

by Gerard Kc McMeel

Overview

This fourth edition is an authority on the construction of contracts. It uniquely encompasses all the principal techniques by which the meaning and effect of agreements are ascertained: the interpretation of express language, the implication of terms, and the rectification of documents. The general principles of interpretation and the implication of terms implied in fact-or gap-fillers-have been relatively settled in the period since the last edition. Meanwhile terms implied in law, or general default rules, have come to the forefront in a sequence of Supreme Court judgments, including Wells v Devani, Triple Point Technology Inc v PTT, Barton v Morris, and Philipp v Barclays Bank, which have emphasized their role in providing transactional templates and setting minimum standards. Likewise, this edition explores the changes to the principles of common mistake rectification, analysing the impact of the Court of Appeal in FSHC Group Holdings v Glas Trust, and the Supreme Court in RMT v Nexus.

The fourth edition further explores how the contra proferentem principle has become unfashionable in the eyes of English judges, and has been superseded by the more muscular clear words principle, in respect of exemption clauses, force majeure, and more generally. Brand new chapters discuss restriction of variation ('no oral modification') clauses, in the wake of MWB v Rock Advertising, and dispute resolution agreements, after Enka v Chubb. The text addresses cases that emerged in the context of Brexit, the Covid-19 pandemic, and renewed international conflicts and the accompanying sanctions. McMeel on the Construction of Contracts continues to be an essential reference work for commercial and corporate lawyers, both litigators and those negotiating and drafting deals, as well as the judges who rule on cases pertaining to contracts.

Product Details

ISBN-13: 9780192843364
Publisher: Oxford University Press
Publication date: 02/09/2026
Edition description: 4th ed.
Pages: 1072
Product dimensions: 6.50(w) x 1.50(h) x 9.50(d)

About the Author

Gerard McMeel KC, Director of the Centre for Commercial Law and Financial Regulation, University of Reading

Gerard McMeel is a leading commercial law scholar and practitioner, and has been a Professor at the Universities of Bristol, Manchester, and Reading. At Reading, he is Director of the Centre for Commercial Law and Financial Regulation. He has held numerous visiting positions, most recently as Visiting Professor at the National University of Singapore. Gerard was at the forefront of modern scholarship on contractual construction, and has been an influential critic of the excesses of contractual estoppel. After two decades of trial and appellate advocacy he was successful in the 2019 Queen's Counsel competition, and appointed silk in 2020. Gerard practises from Quadrant Chambers.

Table of Contents

ITHE GENERAL PART1. Principles and Policy2. Comparative and Theoretical Perspectives3. The Objective Principle of Construction4. Internal Context: The Whole Contract Approach5. External Context: Surrounding Circumstances, 'Matrix', and 'Background'6. Standard Form Contracts and Standard Provisions or 'Boilerplate Clauses'7. Presumptions8. MaximsIIRELATED DOCTRINES9. Implication of Terms: General Principles10. Implication of Terms at Law: Standard Incidents, Mandatory Rules, and Default Rules11. Implication of Terms in Fact: Contractual Gap Filling12. Custom, Usage and Trade Practice13. New Horizons: Relational Contracts, Obligations of Good Faith, and Constraining Contractual Discretions14. Formation and Certainty15. Incorporation and Proof of Terms16. Parties, Third Party Effects, and Clauses Precluding Assignment17. Rectification and Correcting Mistakes through Construction18. Estoppel by Convention and Estoppel by Deed19. Construction and Mistake as a Vitiating FactorIIIPARTICULAR CONTRACTUAL PROVISIONS20. Conditions, Warranties, and Indemnities21. Exemption Clauses and Unfair Contract Terms22. Change of Circumstances and Force Majeure Clauses23. Restriction of Variation and Waiver (or 'No Oral Modification') Clauses24. Express Termination Clauses and Other Modifications of Remedies25. Payment Provisions, Agreed Damages Clauses, and the Penalty Rule26. Time Stipulations27. The Integrity of the Instrument: 'Entire Agreement' and 'Non-Reliance' Clauses28. Dispute Resolution: Choice of Court Agreements, Choice of Law, Arbitration, and Alternative Dispute ResolutionIVRULES RELATING TO WRITTEN CONTRACTS29. The Status of Instruments: Forgeries, Deliberate Alteration, Non Est Factum, and ShamsVCONSTRUCTIONS AND PRACTICE30. Evidence and Practice
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