The Interpretation of Mercantile Agreements

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Excerpt from The Interpretation of Mercantile Agreements: A Summary of the Decisions as to the Meaning of Words and Provisions in Written Agreements for the Sale of Goods, Charter-Parties, Bills of Lading, and Marine Policies, With an Appendix Containing a List of Words and Expressions Used in or in Connexion WiAs this work treats - as its title shows - merely of the meaning of Agreements for the Sale of Goods, Charter Parties, Bills of Lading, and Marine Policies, it follows that the rights oi the parties to such instruments arising out of events occurring subsequently to the making of the contract, and the remedies for a breach of the contract, do not fall within its scope.Although there are many excellent treatises on agree ments of the four classes above mentioned, yet there has hitherto been no treatise limited to the subject of the interpretation of such agreements, and as there are certain common principles, applicable to all of them alike, and as a decision upon the meaning of an instrument of one class may throw light upon the meaning of an instrument of another class, there seems room for such a work as the present, just as, although there are treatises upon parti cular statutes, a work on the general principles applicable to the interpretation of statutes has been found practically useful.Having thus stated the object of the present work, I will now proceed to explain the principle which has guided me in its composition. I have endeavoured from a decision or a series of decisions to deduce a general rule of law, which I have stated as concisely as I could, taking for a model the language of a well-drawn modern statute, If the rule so stated can be readily understood without any illustration, and is clearly deducible from the authorities cited in the foot-note referred to in the text, I have added nothing to the statement of the rule and the citation of the authorities. Frequently, however, the meaning of the rule would not be readily apprehended unless an example of it were given, and in such cases I have appended one or more examples of the rule. Sometimes the rule stated may not at first sight appear to be deducible from the authorities cited. In such cases the matter which follows the rule may be regarded in the light of a proof. Some times the matter which follows the rule is not so much an example or proof of the rule as the statement of a con sequence or result which obviously follows from it. Such a statement is frequently (although not always) introduced by the word therefore.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.