Monday, October 19, 2015

November 18: Cleveland - Contract Interpretation Reconsidered

Contract interpretation is the heart of contract law because the central objective of contract law is to determine the obligations of the contracting parties, which is what interpretation does. Unfortunately, contract interpretation is stuck in an arid debate about the role of text and context, so that courts and commentators spend more time debating the virtues of these two interpretive methodologies than they do thinking about the bargain the parties made. Professor Juliet Kostritsky and I propose a different methodology of interpretation, one that focuses on what obligations a court can infer from the bargaining relationship and the contract terms that are not in dispute. We call this efficient contextualism because it allows courts and contracting parties to determine which contextual details matter and how they matter. This, in turn, allows courts to avoid or streamline trials. My presentation will explain the ideas behind efficient contextualism and how it operates.
Contract Interpretation Reconsidered
November 18, 2015
8:30 A.M. - 9:30 A.M.
The City Club of Cleveland
850 Euclid Avenue, #200
Cleveland, OH 44114
Peter M. Gerhart, Professor of Law, Case Western Reserve University School of Law
Case Western Reserve University School of Law - CWRU Law Downtown
Free and open to the public. Pre-registration required.
More Information and Registration