Law 5110 Study Guide - Quiz Guide: The Moorcock, Contra Proferentem
Document Summary
In interpreting the contract; regards shall be held, in particular, to: circumstances, conduct, nature and purpose, interpretation, meaning commonly given, usages, good faith and fair dealing. Terms may have been left out incomplete contracts. There may ambiguity, contradictions or gaps in the contract terms. The effect of other agreements (pre, alongside or post) of the contract may be called into question. Common law (3 theories on interpretation of contracts) No search for the intentions of the parties outside the document which contains their agreement. Common intention is the only one factor in determining the contents of the contract: mixed theory two-step process first real intention sought, if not found, then objective standards will be applied. Esjusdem generis of the same kind of word followed by a particular specific word the general words are confined to words of the same type if law: ex. vehicle. Noscitur a sociis a word known by its associates words must be looked at in context.
