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Vol32 No3 Sept-Nov 2018

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‘Surrounding circumstances’ in contractual interpretation: where are we now?
By John Eldridge
 
For several decades, the High Court’s pronouncements on the subject of contractual interpretation have generated confusion in intermediate appellate courts and caused considerable academic debate. The key difficulty relates to the question of when recourse may be had to evidence of ‘surrounding circumstances’ as an aid to construction. In particular, a controversy has emerged in recent years as to whether it is necessary to point to textual ‘ambiguity’ as a precondition for the use of such evidence as an aid to construction. Though this question is fundamental and of some considerable importance, the task of answering it is far from straightforward. The object of this short article is to explain the nature of the difficulty in respect of this question, and to consider a number of recent developments both in the High Court and in intermediate appellate courts. In doing so, it is sought to offer an assessment of the present state of the law and a view as to its likely future development.
 
 
Assessment of damages for breach of contract
By Jeffrey Goldberger
 
This is the third part of the paper presented at Jeffrey Goldberger’s annual Contract Law Master Class for the CLA in February, 2018. The first two parts of the paper were published in Vol32 No 1 and No 2 of CLQ respectively.
 
 
PPSA models: easy as ABCD?
By Diccon Loxton, Sheelagh McCracken and Andrew Boxall
 
This paper is the final in a series of three papers, the first paper being ‘PPSA models: a minimalist approach’ and the second, ‘Chains of leases: aligning PPSA models with commercial expectations’ — see CLQ Vol32 No 1 and No 2 respectively.

  • 'Surrounding circumstances' in contractual interpretation: where are we now?
    By John Eldridge
    page 3
  • Assessment of damages for breach of contract
    By Jeffrey Goldberger
    page 12
  • PPSA model: easy as ABCD?
    By Diccon Loxton, Sheelagh McCracken, Andrew Boxall
    page 52
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