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Mar 13, 2018 · Contractual interpretation - are there specific rules on this and how is that relevant to my business? There are broad principles of contract interpretation (rather than strict rules) that will be applied by the court if a dispute arises as to what a contract means. The key point is to get your contract right and clear at the outset, before you ...
contract in the context of a burgeoning litigation, many litigators turn immediately to the “boilerplate” or “miscellaneous provisions.” That’s where the contract-interpretation and contract-construction “rules” hide, which, in addition to statutes, case law, and doctrine, will
The interpretation of a contract is a legal matter that lies in the province of judges and arbitrators, not the parties to the contracts themselves. However, it is important that these parties possess at least a rudimentary understanding of the rules of contract interpretation. This chapter explains and discusses some of the more common rules.
“boilerplate” or “miscellaneous provisions.” That’s where the contract-interpretation and contract-construction “rules” hide, which, in addition to statutes, case law, and doctrine, will
Oct 26, 2021 · The Blackmore rule was formulated over 150 years ago, at a time when the interpretation of a contract was a matter of law, not mixed fact and law. Put differently, it was formulated when "Black Letter" law governed and courts were reluctant to admit (if not prohibited from admitting) evidence of or taking into account the facts surrounding the formation of a contract to assist with the ...
Nov 30, 2015 · If the parties dispute the meaning of a contractual provision how will the courts interpret it? Intentions assessed objectively. When construing a contract the court will try to identify what the parties intended the contractual language to mean. The court will assess this objectively, ignoring any subjective evidence about either party’s ...
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When called upon to analyze a contract in the context of a burgeoning litigation, many litigators turn immediately to the “boilerplate” or “miscellaneous provisions.” That’s where the contract-interpretation and contract-construction “rules” hide, which, in addition to statutes, case law, and doctrine, will inform the contract reader how to interpret the provision at issue.
