CPLC Work in Progress/Guest Seminar: 'The Cognition of Contract Interpretation'

Speaker: Dr Ryan Catterwell, University of Queensland

In this talk, Dr Catterwell explains the cognition of contract interpretation. Relying on theoretical and empirical investigation, Dr Catterwell claims that interpretation is a four‐stage process through which objective intention is inferred from the choice of words in a contract. First, the question of interpretation is defined. Second, competing answers to the question are put forward—each an ‘interpretation’ or ‘construction’. Third, arguments in favour of each interpretation are formulated by analysing the potential meanings for the words, the background to the transaction, the objects served by the contract, and the consequences of the competing interpretations. Finally, the competing arguments are weighed and balanced to arrive at the interpretation that was probably intended. The “correct” interpretation is the one that is established to the highest degree of probability. The resolution of an interpretive dispute depends on the composition of arguments in favour of each interpretation. Of course, the particular arguments in each case are unique to the parties and to the dispute. However, contract interpretation involves reoccurring argument patterns, that is, disputes involving arguments of a similar nature and type. As Dr Catterwell will demonstrate, cases involving a similar argument composition are resolved in a similar way.

This seminar is open to all LLM, MCL and PhD students, Faculty members and Faculty visitors.