Jumping off the page
The use of extrinsic material in the interpretation of contracts and statutes
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The late Justice Antonin Scalia (and RBG bestie) once quipped that “the main business of a lawyer is to take the romance, the mystery, the irony and the ambiguity out of everything [s]he touches”.
A large part of that exacting business is the task of interpretation. It is the bedrock of our legal work. Many disputes turn on the meaning of a written contract, or of a statute, or both. Lawyers constantly fret: “what on earth do these words mean?”. The answer, often knife-edge, can have enormous consequences.
The New Zealand courts have been tightening up their approach to interpretation, re-emphasising the primacy of the text. Judges have admonished parties for excessive reliance on external material that is inadmissible, only remotely relevant, or “singularly unhelpful”. This seminar will explore what may properly be put before the court.
- Update your understanding of the principles governing the interpretation of written contracts and of statutes, including the most recent case law;
- In relation to contracts, get practical guidance about what evidence is admissible (or not) under the “factual matrix”, commercial context, prior negotiations, and subsequent conduct;
- In respect of statutes, hear the latest word on permissible and impermissible extrinsic aids relating to legislative history;
- Overall, learn how far beyond the written page you should look in giving advice, or in bringing or defending a proceeding involving an issue of interpretation.
Who should attend:
All lawyers involved in advising on, or litigating (in court or in arbitration) the meaning of contracts or statutes, as well as those who draft these instruments. The seminar will be of interest to practitioners of both private and public law, to corporate counsel, and to government lawyers, at all levels.
Registrations can be cancelled up to 5 working days before the date of the CPD activity, upon which a refund will be made less an administration fee. No refunds will be made after that time. However, you may nominate someone else to take your place. For any cancellations or substitutions, please email email@example.com
When and Where
4:00 PM - 5:30 PM,
15 Feb 21
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- ADLS, 2-8 Chancery Street, Auckland City, New Zealand