The rules on construction are just that - the rules cts use when interpreting 
contracts...i.e. The principles in investors compensation scheme v west 
bromwich b.s. (1998) as applied in irish cts.  There are very recent judgments 
on this from clarke j and finlay geoghegan j. No matter what, however, the 
rules on construction are a discrete and defined set of principles.  You can 
throw in other aspects such as contra pref., but you really need base the essay 
around the above.  Lewinson's interpretation of contracts 3rd ed, is good on 
this

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-----Original Message-----

From: ellenellen <[email protected]>
Sent: Fri, 11 Sep 2009 00:21:51 -0700 (PDT)
To: FE-1 Study Group <[email protected]>
Received:  Fri, 11  Sep 2009 00:21:51 -0700 (PDT)
Subject: CONTRACT // TORT


Hi

Just wondering if there is a question on the rules of construction,
what does that include? Am I right in presuming that it does not cover
the parol evidence rule and the difference between a warranty and mere
representation?? Are the rules dealing with implied terms and the
relative importance of contractual terms to be covered such as
intelligent bystander rule?

In Tort, I am totally confused about this scope/ course test i
Vicarious Liability. Which one are you to use....or is it really not
relevant. None of the caselaw seem to even draw a difference...so why
does the manual??

Please help!!



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