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Interpretation / Construction of Contractual Clauses/terms


Interpretation / Construction of Contractual Clauses/terms

The ultimate aim of interpreting a provision in a contract, especially a commercial contract, is to determine what the parties meant by the language used.

20. Common Rules of Contract Interpretation

No provision in the contract can be arbitrarily regarded as meaningless. Otherwise, why would the parties have included that provision in the contract? An ...

Interpretation and Construction in Contract Law

Official acts of construction can also give words or entire clauses technical meanings, turning them into legal terms of art. This I call ...

The key points on contractual interpretation | Gowling WLG

This is a term that has not been expressly agreed/written down by the parties but is implied into the contract, either on the basis of statute ...

The Basics of Contract Interpretation: A Primer for Non-Lawyers in ...

Courts interpret contracts based on the plain meaning of their provisions, giving words their ordinary, usual, and popular meaning. The ...

Overview of Three Recent Decisions on the Interpretation of ...

The extent to which the Court is willing to depart from the plain meaning of the words or consider the commercial context to resolve any ...

How rules of contractual interpretation in construction differ around ...

Article 1189 specifies that the terms of a contract are to be interpreted in relation to each other, giving to each the meaning which respects ...

Contractual interpretation | DLA Piper

... terms than they once were. If the parties dispute the meaning of a contractual provision how will the courts interpret it? Intentions ...

Interpretation of Contracts - CALI Lessons

Interpretation involves an ascertainment of the meaning of the words and provisions of a contract. Whereas construction of a contract relates to the legal ...

72. Principles Of Contract Interpretation - Department of Justice

In construing the terms of a contract, however, the parties' intent must be gathered from the instrument as a whole in an attempt to glean the meaning of terms ...

Contracts: interpretation - Practical Law - Thomson Reuters

This practice note reviews the principles governing the interpretation (sometimes also called construction) of the express terms of written contracts.

General Rules for Interpreting Construction Contracts

Courts interpret contracts based on the plain meaning of their provisions, giving words their ordinary, usual, and popular/dictionary meaning.

ArtI.S10.C1.6.1 Overview of Contract Clause

... terms but also the contemporaneous state law pertaining to interpretation and enforcement. ). ... construction of the contract clause . . . would make it ...

A GUIDE TO CONTRACT INTERPRETATION - JD Supra

“It is an elementary rule of contract construction that clauses of a ... inferences” the construction of the ambiguous terms of the contract is a question ...

Interpreting the Construction Contract - Metz Lewis

As a general rule, courts will interpret ambiguous terms against the drafter of the contract. ... agreement, not just a particular provision on a ...

Quickguide - Interpretation of contracts under English law - Ashurst

This decision clarified that a term will be implied if a reasonable reader of the contract, knowing all its provisions and the surrounding circumstances at the ...

A matter of interpretation – the Supreme Court look at contractual ...

It is well established that in interpreting a contract one starts with the presumption that neither party intends to abandon any remedies which ...

Construing the Contract Against the Drafter - Lambert Law

Generally speaking, when applied this rule requires that any ambiguity or other contract terms which are subject to multiple reasonable interpretations will be ...

How Courts Resolve Ambiguous Contract Language: business law ...

A contract is ambiguous when two provisions conflict or when a term is reasonably susceptible to more than one meaning.

Contractual construction: the Tension

In this case, the parties sought a series of declarations from the court in relation to the interpretation of various contractual provisions.