Interpretation of Contract Documents by the Courts Flashcards
Ambiguous provisions will be interpreted against the party drafing the provision on the basis that the drafer had superior knowledge of the subject matter and should have been more specifc or accurate in the preparation of the provision.
CONSTRUCTION AGAINST THE DRAFTER
CONSTRUCTION AGAINST THE DRAFTER
Ambiguous provisions will be interpreted against the party drafing the provision on the basis that the drafer had superior knowledge of the subject matter and should have been more specifc or accurate in the preparation of the provision.
Ambiguous provisions will be interpreted by the court according to the practical meanings placed on them by the parties to the agreement.
PRACTICAL INTERPRETATION
PRACTICAL INTERPRETATION
Ambiguous provisions will be interpreted by the court according to the practical meanings placed on them by the parties to the agreement.
Contract law is founded on the principle that two parties are mutually free to determine the terms of an agreement, within the bounds of lawful activities, for a specified purpose. Those who do so are seen as having the capacity to contract for products or services.
AUTONOMY TO CONTRACT
If the contract documents do not adequately establish the intentions of the contract provisions, then the court may rely on the customs and practices of an industry or a trade. If the specifcations include references to trade association standards, then that may be examined before bringing in trade customs.
TRADE CUSTOMS
TRADE CUSTOMS
If the contract documents do not adequately establish the intentions of the contract provisions, then the court may rely on the customs and practices of an industry or a trade. If the specifcations include references to trade association standards, then that may be examined before bringing in trade customs.
When specific information is written, the courts interpret it as intentional for the work and will be given more importance than general information or printed provisions.
SPECIFIC TAKES PRECEDENCE OVER GENERAL
SPECIFIC TAKES PRECEDENCE OVER GENERAL
When specific information is written, the courts interpret it as intentional for the work and will be given more importance than general information or printed provisions.
AUTONOMY TO CONTRACT
Contract law is founded on the principle that two parties are mutually free to determine the terms of an agreement, within the bounds of lawful activities, for a specified purpose. Those who do so are seen as having the capacity to contract for products or services.
When considering questions, the court will search for the meanings of the words used and the purposes of the contract provisions. Te documents will be interpreted in an efort to establish the parties’ intentions. If ambiguities or conficts are found, other contract documents will be examined in the efort
to fnd defnitions and meanings. If an issue under consideration is of a technical nature, the specifcations will be examined.
ENTIRE AGREEMENT
ENTIRE AGREEMENT
When considering questions, the court will search for the meanings of the words used and the purposes of the contract provisions. Te documents will be interpreted in an efort to establish the parties’ intentions. If ambiguities or conficts are found, other contract documents will be examined in the efort
to fnd defnitions and meanings. If an issue under consideration is of a technical nature, the specifcations will be examined.
