Meaning of Agreements

Universiteit van Amsterdam

Faculteit der Rechtsgeleerdheid

Anglo-American Deal and Atteinte law

Presentation of deals

‘' To what extend will the interpretation of Dutch legal agreements differ from British contracts. ''

Naam: A. N. Con. van dieser Looij

Studentnummer: 5610303

Begeleider: Mentor H. Beale

Amsterdam, 14th of June 2013

Table of contents

Chapter 1Preface 3

1 ) 1Neccessity of interpretation a few

1 . 2‘'Objective'' and ‘'Subjective'' interpretation three or more

1 . 3Unambiguous clauses four

1 . 4Priliminary negotiations 4

1 . 5The ‘'contra proferentem'' rule 5

Chapter 2Dutch law point of view 5

2 . 1The basis: the contract a few

2 . 2The codified rules X

2 . 3The intentions of functions: Haviltex Back button

2 . 4Relevant circumstances Times

2 . 5An addition to the Haviltex-norm: DSM / Fox X

installment payments on your 6The Dutch view following DSM /Fox X

installment payments on your 7Vergelijkbare contracten X

installment payments on your 8Special justification rules X

2 . 9Hierarchy of guidelines

Chapter 3English law point of view X

a few. 1The goal meaning since guideline Back button

3. 2Rainy Sky SOCIAL FEAR and others sixth is v Kookmin Financial institution facts By

3. 3Leading speech of Patten LJ in Court of Appeal

three or more. 4Leading presentation of Master Clarke in Surpreme Court X

3. 5Business good sense X

several. 6What in the event that neither choice will flout common sense?

a few. 7Chalabi sixth is v Agha-Jaffar details

3. 8Applying the Business sound judgment

Hoofdstuk 4Comparison & realization


In this thesis I want to go over the distinctions between the interpretation of Nederlander contracts and English deals. Because of the word limitation this kind of thesis will certainly concentrate on circumstances and guidelines of the Nederlander and British law. Therefore the deeper dissimilarities of philosophy will not be intercalated and be reserve. For my own thesis I actually used the book ‘'Cases, Materials and Text on Contract Law'' of L. Beale wie guideline and a number of different situations of Dutch and British law to look at the differences. The main difference is that the Dutch regulation also aplies codified regulation. The English law would not have such codified rules, so this might has an effect on the interpretation rules. Hopefully the conclusion of my own paper gives a good, nevertheless brief, comparability between the two jurisdictions. Neccessity of interpretation

Languages are used atlanta divorce attorneys country over the world and practically every civillisation offers writings in words. So these words are the building blocks of language and therefore well suited for contracts. The conditions on what parties agree with are the cardiovascular system of the agreement. The only problem is that they are not always understood as intended, mainly because words may have different meanings. This is what we call double entendre. Intentions of men and women depend on different factors like, know-how, experience, choices, interest and even more. For a fiscal stable world a contract needs to be what each intended, otherwise this will lead to disputes. Which means contract must have a single meaning. The different jurisdictions worldwide can give different connotations and requirements to a agreement. As authored by H. Beale, the general secret is that the English language notion is usually narrower than the perception in civil legislation countries, such as the Dutch rules. ‘'Objective'' and ‘'subjective'' model When contracting parties agree on what is crafted in the contract, but have several opinions upon what the meaning is, this will likely be the beginning of a argument. Parties may use two several approaches because guidelines intended for the meaning. In practice most contracts regimes might be a combination of the two. The very subjective view gives precedence for the will with the parties. The idea of this perspective is that celebrations have get together autonomy. The counterpart is definitely the objective view and gives priority to the exterior factors in the words inside the contract. With this view get-togethers should depend on what is said and not on what is intended....