Three kinds of disputes arise in giving effect to the terms of a contract. One, the meaning of a term of the contract is contested. Two, the contract may be silent, that is, not provided on an aspect. Three, a term limits or excludes the right of a party and therefore should be held to a different yardstick in giving meaning to it. The courts have developed principles for interpreting contracts under these three classes. The chapter reviews the principles for interpretation of contracts.

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Interpreting Contract Terms

  • Akhileshwar Pathak

摘要

Three kinds of disputes arise in giving effect to the terms of a contract. One, the meaning of a term of the contract is contested. Two, the contract may be silent, that is, not provided on an aspect. Three, a term limits or excludes the right of a party and therefore should be held to a different yardstick in giving meaning to it. The courts have developed principles for interpreting contracts under these three classes. The chapter reviews the principles for interpretation of contracts.