BU231 Chapter Notes - Chapter 11: Parol Evidence Rule
Document Summary
If both parties believe that his interpretation of the contract is the only sensible one and that the other party must be dishonest to suggest that there is any other, we are dealing with the problem of construing. When parties go to court, the court seeks the most reasonable meaning that can be attributed to the words in the circumstances. A court will emphasize one approach more than the other since they are not really distinct approaches. One is used to the exclusion of the other. The court must decide in the circumstances of each case, how far it should look beyond the words used to explain their meanings. Literally, to build means only to construct but in many circumstances (building a home), it may include supplying materials. Since words are ambiguous, the court will look outside the contract to the surrounding circumstances as a means of clearing up this uncertainty.
