Contractual interpretation

View Banking & Finance by content type:

Latest Banking & Finance News

Featured Banking & Finance content

Practice notes
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from...
Read More >
9th Nov
Practice notes
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be...
Read More >
9th Nov
Practice notes
This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having...
Read More >
9th Nov
Practice notes
Development of the Loan Market Association (LMA) documentationThe project to develop the LMA investment grade documents began in 1998 as a response to...
Read More >
9th Nov
Practice notes
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be...
Read More >
9th Nov
Practice notes
On an acquisition finance transaction, the borrowing group, in addition to the debt (whether loans or bonds) required to fund the transaction, will...
Read More >
9th Nov
Practice notes
Subordination is a way of changing the priority of claims against a debtor so that one creditor or group of creditors (the junior creditor(s)) agree...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): The ICC has issued a guidance paper on the impact of COVID-19 on trade finance transactions issued subject to ICC rules. For...
Read More >
9th Nov
Practice notes
This Practice Note lists hot topics (with links to the appropriate materials) that may be of interest to Banking & Finance lawyers. It is updated...
Read More >
9th Nov
Practice notes
Novation is a means by which a lender can transfer its interest in a loan to another lender.This Practice Note looks at what is meant by novation...
Read More >
9th Nov
Practice notes
What are they?A bridge to bond facility is a type of acquisition financing where the buyer requires the certainty of a fully committed financing...
Read More >
Produced in partnership with Cleary Gottlieb and Ian Chin of Morrison & Foerster 12th Jan
Practice notes
Summary of advantages and disadvantages of the floating chargeThis Practice Note discusses the advantages and disadvantages of taking a floating as...
Read More >
9th Nov
Practice notes
The majority of secondary debt trades are conducted by telephone or by email. Following the trade call or email exchange, the parties will document...
Read More >
9th Nov
Practice notes
Legal opinions are one of the key documentary conditions precedent in loan transactions. The legal opinion is a letter which sets out opinions as to...
Read More >
9th Nov
Precedents
This Deed of guarantee and indemnity is made on [insert day and month] 20[insert year]Parties1[Insert name of Guarantor], a company incorporated in...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains information on subjects potentially impacted by the government and regulators' responses to the...
Read More >
9th Nov

Most recent Contractual interpretation content

Practice notes
This Practice Note on rules on interpreting contracts (agreements) (also known as construing or the construction of contracts and contractual terms)...
Read More >
20th Apr
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
Read More >
13th Apr
Practice notes
Contract interpretation—starting point—the contract itselfUnless alleging mistake, fraud or misrepresentation, parties are bound by the documents...
Read More >
8th Apr
Practice notes
There are numerous reasons why parties may wish to make changes to their agreement. Most disputes connected with variation of contracts concern...
Read More >
8th Apr
Practice notes
What are contractual terms?The terms of a contract define the existence and scope of the parties’ respective rights and obligations to one another.A...
Read More >
8th Apr
Practice notes
Parties may often seek to specify that the entirety of their contractual relationship is governed by the written contract they have signed. This is...
Read More >
8th Apr
Practice notes
This Practice Note considers the court’s approach when there is dispute as to which party’s terms and conditions govern their contract in a ‘battle of...
Read More >
8th Apr
Practice notes
In addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see Practice Note: Contract interpretation—the...
Read More >
8th Apr
Practice notes
When advising on contractual construction you should consider:•the guiding principles used by the court when interpreting the meaning of contracts,...
Read More >
30th Mar
Practice notes
Key questions for any litigator when reviewing a contract will be:•what does the contract mean?•what are the parties’ respective rights and...
Read More >
30th Mar
Practice notes
This Practice Note sets out certain key cases and associated relevant content in relation to construction of finance documents. The cases are divided...
Read More >
17th Mar
Q&As
As discussed in the article ‘Globalisation of the European loan markets: interpretative challenges and pitfalls’: (2017) 3 JIBFL 143 at [145]:‘All or...
Read More >
5th Mar
Practice notes
This Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that are frequently used in...
Read More >
1st Mar
Q&As
To what extent can the terms best endeavours and reasonable endeavours be enforced?In general contractual obligations can be absolute or qualified....
Read More >
15th Feb
Q&As
Contractual notices by emailElectronic communicationsAn electronic communication can take a variety of forms. In section 15(1) of the Electronic...
Read More >
Produced in partnership with Lynne Counsell of 9 Stone Buildings 8th Jan
Q&As
As explained in Practice Note: Applicable law:'The applicable law is the law that governs a dispute between the parties. Generally, parties have the...
Read More >
6th Dec
Q&As
In answering this Q&A, we have assumed that the contract in question is a business to business (B2B) contract.It is crucial that exclusivity...
Read More >
6th Dec
Q&As
This Q&A relates to a business-to-business (B2B) contract which is not subject to specific sector regulation or control. We further assume that the...
Read More >
6th Dec

Popular documents