In this issue:
- Contract-Interpretation Flow Chart
- Contract-Interpretation Principles And Case-Law Supplement
- Determine the intent of the parties with respect to the provision at issue at the time the contract was made
- Defining ambiguity
- Assessing whether a provision is ambiguous
- When a provision is unambiguous
- When a provision is ambiguous
- Specific substantive and miscellaneous areas of contract interpretation
- Excerpt from Introduction:
Transactional attorneys and litigators often take a very different approach toward contracts. Transactional attorneys focus on the ex ante—the relationship between the parties before there is a dispute. Sometimes their sole concern is making sure that the contract “works” sufficiently so that the deal gets done. More conscientious transactional attorneys weigh the various risks associated with contract drafting by regularly thinking about the “what-ifs.”
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