Ch9.ContractInterpretation.ppt - PART III \u2013 CONTRACT INTERPRETATION Capturing Objective Party Intent Examine terms of written contract Random House

Ch9.ContractInterpretation.ppt - PART III u2013 CONTRACT...

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PART III – CONTRACT INTERPRETATION Capturing Objective Party Intent Examine terms of written contract Random House; Frigaliment Consult reasonable sources of meaning Dictionaries Course of performance – prior conduct/ interpretations under disputed contract Course of dealing – prior contracts/transactions Trade usage – Random House; Frigaliment Consider maxims of interpretation Review and admit parol evidence, if permitted Party negotiations and other manifestations of objective intent Limitations under Parol Evidence Rule
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KEY MAXIMS OF INTERPRETATION Guidance - Normally Not Dispositive Res. 2d §202 Give great weight to parties’ “primary purpose.” Interpret writing as a whole – Random House Apply plain meaning, unless technical transaction with technical terms – Random House; Frigaliment
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KEY MAXIMS OF INTERPRETATION Guidance - Normally Not Dispositive Res. 2d §203 Favor reasonableness - saving the K.
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  • Fall '06
  • Daicoff
  • Objective Party Intent

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