Contract Interpretation Law in Australia: It Is a Maze, Not a Straight Way

Abstract

In Australian common law system, there are discrepancies between the judicial decisions regarding the interpretation of contracts. In this research paper, I intend to clarify legal issues that cause these differences. In addition, I discuss the implications of adopting more specific rules in Australia. To do so, I compare the Australian case to other countries with civil law systems that have established similar norms. Then, I advocate for developing and adopting a law that is in accordance with current international principles.

Keywords

• admissibility of background evidence, interpretation of contracts, objective analysis, ratio decidendi, rule of law