COMM 393 Lecture Notes - Lecture 5: Contra Proferentem, Standard Form Contract
Document Summary
Week 5 textbook notes: 96-102, 107-110. The relationship b/w formation & interpretation of contracts. Larger majority of disputes are not about the formation of contracts, but about their meaning: one party disagrees with the interpretation of another party. Determining the meaning, construing (interpreting) the contract is the subject of this chapter: usually each party honestly believes that their interpretation is the sensible one. A lwayer"s most difficult task is to show their client that the view held by the other side has some merit. Rather than choosing between the two, courts will apply both approaches and choose the best meaning for the circumstances: must decide how far it should look beyond the words used to explain their meanings. Hear evidence of any past transactions between the two parties as reference. Last resort: court will choose between their versions, basing its decisions on the credibility of the parties themselves, taking all the circumstances into account: decides which one seems more reasonable.
