Obligations in commercial contracts: a matter of law or interpretation?

English commercial contract law is undergoing its own ‘interpretative turn’. According to Lord Hoffmann, disputes concerning implied terms in contracts and the extent of the defendant’s liability for loss on breach are resolved by searching for the meaning of the parties’ agreement. The process is one of contextual interpretation of the contract (understood in a broad sense which regards the contractual agreement as incorporating more than just the text), rather than the external application of autonomous legal rules derived from authoritative precedents. On the one hand this agreement-centred approach can be regarded as the natural consequence of a definitive principle of contractual liability—obligations are assumed by the parties, rather than imposed on them. On this basis, Lord Hoffmann is simply reasserting the facilitative character of commercial contract law. On the other hand this approach raises questions about the scope and limits of the legal regulation of commercial activity by courts. At its most extreme, the interpretative approach espoused by Lord Hoffmann admits of only an attenuated commitment to commercial contract law as a repository of non-instrumental normative values. Instead, commercial contract law is perceived only as a loose grouping of pragmatic considerations, given a superficial veneer of coherence by reference to a substantively empty concept of interpretation. The article traces the development of this interpretative turn and assesses some of its positive and negative implications, both for the operation of other rules of contract law and for our general understanding of the role of the law in regulating commercial activity

Keynote

Since the University of California system published its Declaration of Principles to Transform Scholarly Communication and subsequently canceled its big deal with Elsevier, big deal journal negotiations have become a hot topic of conversation across the academic library profession. This talk will focus on how these high-profile negotiation efforts can intersect with the broader institutional open access goals that drive both library publishing programs and OA policy initiatives. Mitchell will consider, in particular, whether there are shared principles that inform our efforts in these respective areas; to what extent our work in one area can support or reinforce our efforts in another; and how the university must reimagine its space within the scholarly communication landscape

A picnic at Little Swanport Bridge

Sketch from the scrapbook of Sarah E.E. Mitchell of Lisdillon on the East Coast of Tasmania 1874. Sketch 73 - Taken 22nd January 1874 - by Catherine Mitchell. A picnic at Little Swanport Bridge. We went round by sea & home the same way – Henry Meredith 6ft 4in, who we called the “Hop- pole”, frying; Mark with water-billy, Kate, Self (S.E.E.M) and Miss Harriet Jones, of Riccarton who was at Miss Garrett’s School in Hobart with Amy M.J.M., and so came for her holidays, that summer, with us at Lisdillon – (Her brother called at Tirzah, May 1922 and said she died a few months ago. S.E.E.M) The sketches by Catherine Penwarne (Kate), eldest daughter of John and Catherine Mitchell (of Cornwall, England, who settled at Lisdillon, East Coast Tasmania in 1852) were made between 1860 and 1876, and portray aspects of 19th Century social and domestic life. Catherine’s sketches were compiled by her sister Sarah. E.E.Mitchell. Derived from her own collection, from those of friends and relations, and from John Ball, Kate's husband, they were compiled sometime between 1928 and 1933. The sketches are mounted in an album, together with: locks of Kate's hair on red silk; a pressed fern arrangement; a coloured photograph of John and Catherine Ball; and coloured views of Buckland Churchyard in 1850, showing the grave of Paul Thomas Mitchell, aged 3 days, and in 1879 showing the grave of Catherine Penwarne Ball. The scrapbook was bequeathed to The Royal Society of Tasmania in 1946. RS 32/

Oliver Latham boasting how well he could ride

Sketch from the scrapbook of Sarah E.E. Mitchell of Lisdillon on the East Coast of Tasmania 1874. Sketch 33 - Taken 25.8.1874 - by Catherine Mitchell. Oliver Latham boasting how well he could ride over fences, falling on the horses neck over the first broken fence. Caleb the Newfoundland, dog looking pleased as well as Kate and myself. I had to hide this sketch to keep him from tearing it up. The sketches by Catherine Penwarne (Kate), eldest daughter of John and Catherine Mitchell (of Cornwall, England, who settled at Lisdillon, East Coast Tasmania in 1852) were made between 1860 and 1876, and portray aspects of 19th Century social and domestic life. Catherine’s sketches were compiled by her sister Sarah. E.E.Mitchell. Derived from her own collection, from those of friends and relations, and from John Ball, Kate's husband, they were compiled sometime between 1928 and 1933. The sketches are mounted in an album, together with: locks of Kate's hair on red silk; a pressed fern arrangement; a coloured photograph of John and Catherine Ball; and coloured views of Buckland Churchyard in 1850, showing the grave of Paul Thomas Mitchell, aged 3 days, and in 1879 showing the grave of Catherine Penwarne Ball. The scrapbook was bequeathed to The Royal Society of Tasmania in 1946. RS 32/

Minnie Giblin was a great attraction

Sketch from the scrapbook of Sarah E.E. Mitchell of Lisdillon on the East Coast of Tasmania 1874. Sketch 32 - Taken 22.4.1875 - by Catherine Mitchell. Fishing in our Lisdillon boat near Seaford – Minnie Giblin caught her first shark four feet long, Hamilton Radcliffe and Mark S.M. help land it in the boat. I have the stear oar and Kate fishes. It was only sometimes Mark would come, but Minnie Giblin, was a great attraction. The sketches by Catherine Penwarne (Kate), eldest daughter of John and Catherine Mitchell (of Cornwall, England, who settled at Lisdillon, East Coast Tasmania in 1852) were made between 1860 and 1876, and portray aspects of 19th Century social and domestic life. Catherine’s sketches were compiled by her sister Sarah. E.E.Mitchell. Derived from her own collection, from those of friends and relations, and from John Ball, Kate's husband, they were compiled sometime between 1928 and 1933. The sketches are mounted in an album, together with: locks of Kate's hair on red silk; a pressed fern arrangement; a coloured photograph of John and Catherine Ball; and coloured views of Buckland Churchyard in 1850, showing the grave of Paul Thomas Mitchell, aged 3 days, and in 1879 showing the grave of Catherine Penwarne Ball. The scrapbook was bequeathed to The Royal Society of Tasmania in 1946. RS 32/

Doctor West draws a cork

Sketch from the scrapbook of Sarah E.E. Mitchell of Lisdillon on the East Coast of Tasmania 1874. Sketch 110 - Taken 9 January 1873 - by Catherine Mitchell. Another picnic at Rocky Hills now Tirzah where we are. Ernest Meredith by big Caleb dog, Mr Shaw, Amy C Shaw, Doctor West, draws a cork, and show what he likes – Miss A Hall, Amy M.J.M, self S.E.E.M). Kate PM, Clara Meredith, Mrs West, Margaret & Emily Mayson, Miss Dove, Arthur Giblin, Mark S.M, Mr Fred Lyne, carving in front. Dr & Mrs West were not long residents of Swansea. She used to repeat “over & over, how oft she had been sick-“ Rocky hills was easy distance for us to meet Swansea people, & for them to meet us & go home to Swansea, & we to Lisdillon The sketches by Catherine Penwarne (Kate), eldest daughter of John and Catherine Mitchell (of Cornwall, England, who settled at Lisdillon, East Coast Tasmania in 1852) were made between 1860 and 1876, and portray aspects of 19th Century social and domestic life. Catherine’s sketches were compiled by her sister Sarah. E.E.Mitchell. Derived from her own collection, from those of friends and relations, and from John Ball, Kate's husband, they were compiled sometime between 1928 and 1933. The sketches are mounted in an album, together with: locks of Kate's hair on red silk; a pressed fern arrangement; a coloured photograph of John and Catherine Ball; and coloured views of Buckland Churchyard in 1850, showing the grave of Paul Thomas Mitchell, aged 3 days, and in 1879 showing the grave of Catherine Penwarne Ball. The scrapbook was bequeathed to The Royal Society of Tasmania in 1946. RS 32/

Mr W.J. Lyne calling to the seagulls

Sketch from the scrapbook of Sarah E.E. Mitchell of Lisdillon on the East Coast of Tasmania 1874. Sketch 14 - Taken ? - by Catherine Mitchell. Boating at Lisdillon & fishing, Mr W.J. Lyne calling to the seagulls “Go round”, because they always do when disturbed from the rock, to be shot at by Romer Meadows. The Misses Frenche were wealthy & from N.S.Wales, their father though educated would not send them to school, & they could not read properly. I am at the stear-oar, Kate fishing – Miss Annie Hales was Archdeacon Hales daughter from Launceston. Miss Bessie Lyne, was Mrs Hamilton after. The sketches by Catherine Penwarne (Kate), eldest daughter of John and Catherine Mitchell (of Cornwall, England, who settled at Lisdillon, East Coast Tasmania in 1852) were made between 1860 and 1876, and portray aspects of 19th Century social and domestic life. Catherine’s sketches were compiled by her sister Sarah. E.E.Mitchell. Derived from her own collection, from those of friends and relations, and from John Ball, Kate's husband, they were compiled sometime between 1928 and 1933. The sketches are mounted in an album, together with: locks of Kate's hair on red silk; a pressed fern arrangement; a coloured photograph of John and Catherine Ball; and coloured views of Buckland Churchyard in 1850, showing the grave of Paul Thomas Mitchell, aged 3 days, and in 1879 showing the grave of Catherine Penwarne Ball. The scrapbook was bequeathed to The Royal Society of Tasmania in 1946. RS 32/