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Unformatted text preview: ambiguous. Courts interpret K and statute law (SGA) Approaches to interpretation Express terms Implied terms Terms that are expressly written into the K or statute 1. plain/literal/dictionary 2. liberal – words of contract cannot be overwhelmed by contextual analysis, p 137 para 19 3. contra profesentem, case is decided against the party which had the best opportunity of choosing the language Not express terms but are deemed to exist by a court to give effect to the obvious intent of the parties (or where permitted by a statute) P 139, para 30, a term so obvious that at the time of contract both parties would have been ‘of course’ had the question to put it in the contract been raised P 131 Comptoir Blackswan Copper/silver Goldbelt...
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This note was uploaded on 12/10/2011 for the course COMM 393 taught by Professor Elaine during the Spring '10 term at UBC.
- Spring '10