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Jun 9, 2020 · Learn how the modern approach to contract interpretation, following the Sattva decision, includes considering the surrounding circumstances while excluding subjective intent.
Oct 14, 2013 · The parol evidence rule maintains that parol evidence cannot be admitted to assist in interpreting the contract if the contract itself forms the full agreement, or if the contract is unambiguous or clear. There are some exceptions to the parol evidence rule, which will be visited below.
- Jassmine Girgis
Jul 29, 2021 · The SCC held that the general rules of contractual interpretation apply to releases: courts are to read the contract as a whole, giving the words their ordinary and grammatical meaning consistent with the surrounding circumstances known to the parties at the time of contract formation.
Feb 29, 2016 · It is clear that making a case that parties had entered into an oral agreement will be fact-based and difficult for a plaintiff to do where there is no circumstantial, objective evidence which supports the version of the facts that the plaintiff is asking the court to accept.
Aug 17, 2015 · The Court of Appeal agreed with the Divisional Court that entire agreement clause did not apply to any post contractual representation, but dismissed the action because the elements required to establish the negligent misrepresentation had not been proven by the purchaser.
Oct 26, 2021 · The Supreme Court of Canada (SCC) decision in Corner Brook (City) v. Bailey [1] provides helpful clarification and direction respecting the interpretations of contracts. The case arises in the context of the interpretation of a release.
People also ask
What are the general rules of contractual interpretation?
What does the Supreme Court of Canada say about contract interpretation?
Should a court consider extrinsic evidence 'overwhelming' a contract?
What if Evi-Dence of subject intent were allowed in contract interpretation cases?
Should parol evidence be included in an entire agreement?
Does a contract include evidence of a parties' subjective intention?
The policy rationale for dis-allowing evidence of the parties’ subjective intention is twofold: commercial certainty and rel-evance. Commercial certainty requires enforcement of the con-tract as written, not as it was intended or hoped to operate.
