Interpretation Of Commercial Contracts

Beskrivelse

This book offers an in-depth exploration of how commercial contracts are interpreted, focusing on Norwegian and Nordic contract law principles. It draws heavily on rulings from the Norwegian Supreme Court to guide readers through the interpretation process.

An insightful examination of contract interpretation within the Norwegian and Nordic legal framework.

The author presents a thorough overview of contract interpretation, emphasizing the fundamental aspects of contract law as practiced in Norway and the broader Nordic region. By synthesizing case law, the book formulates key questions and arranges them into essential tests that clarify the steps involved in interpreting contracts.

It highlights the "objective interpretation" rule, often called the golden rule, placing it in both a Nordic and historical-comparative perspective. The book carefully discusses the importance and relative influence of various elements that assist in contract interpretation, including the role of the contract as a whole and the impact of background law.

A significant focus is placed on the conditions under which an interpretation grounded in objectivity might be set aside. It examines the applicable thresholds and the interplay between objective interpretation and other legal concepts such as the common understanding rule, burden and standard of proof, and presumptions.

The relevance of "business common sense" and hypothetical intentions is also explored, alongside issues related to unforeseen circumstances in long-term contracts. Additionally, the book addresses the relationship with the doctrine of failed assumptions and discusses how entire agreement and sole remedy clauses function under Norwegian law.

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