Abstract
The Article revisits the debate over contract interpretation, which has long preoccupied the Supreme Court, the legislature, and legal academia in Israel. The debate revolves around the legitimacy of considering external circumstances when the contract’s text appears to be unambiguous, the weight attributed to values of fairness and reasonableness in the interpretative process, and the appropriate role of the court. The Article analyzes a recent development in this regard: the Supreme Court ruling in Bibi Roads Earth moving &Development Ltd. v. Israel Railways Ltd. It critically analyzes the three different opinions written by Justices Uzi Vogelman, Ofer Grosskopf, and Alex Stein, focusing on Justice St ein’s neo-formalistic approach. The Article points to difficulties in Justice Stein’s theoretical analysis and description of extant law; indicates a discrepancy between the theoretical analysis and its implementation; questions the proposition that it is possible to interpret contracts while disregarding normative considerations; and criticizes the Supreme Court for the confusion it has created.
| Translated title of the contribution | Contracts interpretation: theory, law, facts and values |
|---|---|
| Original language | Hebrew |
| Pages (from-to) | 81-120 |
| Number of pages | 40 |
| Journal | משפטים |
| Volume | נ"א |
| Issue number | 1 |
| State | Published - 2021 |
IHP publications
- IHP publications
- Contracts
- Good faith (Law)
- Law -- Interpretation and construction
- Law -- Language
- Verdicts