Extrinsic Material and the Interpretation of Commercial Contracts | LawCPD.com.au
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Extrinsic Material and the Interpretation of Commercial Contracts

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CPD Points 1
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$109.00
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The approach to interpreting commercial contracts has shifted over time, as has the attitude of the courts to the admissibility of extrinsic materials as an aid to interpretation.

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Extrinsic Material and the Interpretation of Commercial Contracts

The Honourable James Spigelman AC QC served as Chief Justice of NSW and Lieutenant Governor from 1998 until end May 2011.

Course Summary

The approach to interpreting commercial contracts has shifted over time, as has the attitude of the courts to the admissibility of extrinsic materials as an aid to interpretation.

Course Details

The scope of extrinsic material to which courts have reference for the purposes of contractual interpretation has increased in recent years, threatening to undermine commercial certainty. This course examines how the courts in Australia and England approach the task of interpreting commercial contracts, with a particular focus on the admissibility of extrinsic materials to aid in interpretation.

The course examines the scope of extrinsic materials which may be admitted to aid in interpretation, as well as the practical implications of expanding (or limiting) the scope of extrinsic materials.  It examines traditional restraints on relying upon extrinsic material, including the parol evidence rule and the requirement for ambiguity.

The different approaches adopted in Australia and England are compared and contrasted, and the implications for these approaches on the interests of third parties to significant commercial transactions is discussed.

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