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home notes - interpretation

home notes - interpretation - that terms and sentences in a...

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Language is subject to interpretation due to the ambiguities of words. Strict or Plain Meaning approach An approach that restricts interpretation to the ordinary or dictionary meaning of the word Liberal approach An approach that looks to the intent of the parties and surrounding circumstances and tends to minimize, but does not ignore, the importance of the words actually used If there is an ambiguity, ‘the court will look outside the contract to the surrounding circumstances as a means of clearing up this ambiguity.’ “[I]t can hardly be insisted on too often or too vigorously that language at its best is always a defective and uncertain instrument, that words do not define themselves,
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Unformatted text preview: that terms and sentences in a contract, a deed, or a will do not apply themselves to external objects and performances, that the meaning of such terms, and sentences consists of the ideas, that they induce in the mind of some individual person who used or hearts or reads them, and that seldom in a litigated case do the words of a contract convey one identical meaning to the two contracting parties or to third persons” (202) Conflicting Testimony “As a last resort, however, a court will choose circumstances into account. In other words it decides which story seems more reasonable.”...
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