TY  - JOUR
T1  - The Impact of Dynamic Interpretation on Contract Balance
A1  - Meng Li
A1  - Yu Kumar
A1  - Yi Todayama
JF  - Asian Journal of Ethics in Health and Medicine
JO  - Asian J Ethics Health Med
SN  - 3108-5059
Y1  - 2021
VL  - 1
IS  - 1
DO  - 10.51847/vG4phUr9qQ
SP  - 1
EP  - 8
N2  - In today’s environment of rapid and unpredictable change, international contracts are frequently exposed to shifting circumstances. Consequently, the original balance envisioned by the parties may be disrupted, creating challenges in contract performance for all involved. Although the principle of pacta sunt servanda is widely recognized, most legal systems also acknowledge the doctrines of changing circumstances and Hardship. This study focuses on employing dynamic methods during the contract interpretation phase to realign the contract with the parties’ original and actual intentions, thereby restoring Contract Balance. This approach requires consideration of actions occurring not only at the time of contract formation but also before and after it. Moreover, attention should extend beyond events at the moment of contract conclusion. Parties can anticipate potential changes by including provisions such as a Hardship clause or a Changes clause to mitigate the impact of future variations. Additionally, referencing prior dealings, customary practices, and applying interpretive rules can further enhance the effectiveness of dynamic interpretation.
UR  - https://smerpub.com/article/the-impact-of-dynamic-interpretation-on-contract-balance-dpqxe37kpppvjqf
ER  -