i-law

Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEW - SANCTITY OF CONTRACTS REVISITED

SANCTITY OF CONTRACTS REVISITED. Nagla Nassar. Martinus Nijhoff, Dordrecht (1995) xxxv and 243 pp., plus 26 pp. Appendices and 27 pp. Indexes. Hardback £78.
The bulk of this study comprises an examination of arbitration decisions related to issues of interpretation of long-term commercial contracts. The focus is upon two particular problems of interpretation: the extent to which material extrinsic to the written contract can influence interpretation of the contract, and how the terms should be interpreted in the light of changing circumstances.
A particular theoretical hypothesis suggests this choice. Drawing primarily upon the work of Ian MacNeil, the author seeks to test the proposition that the traditional or classical rules of contract law fail to analyse coherently long-term “relational contracts”. In particular, in these relational contracts it makes little sense for the courts to insist upon strict performance of the literal meaning of the terms of the contract, because this formalistic regard for sanctity of contract misunderstands what are necessarily rather open-ended, diffuse, co-operative types of obligations undertaken in long-term business contracts. Relational contract theory suggests that the courts should instead interpret the contract in the context of the economic relation between the parties as a whole, with a view towards

295

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.