Main Content
As you read these cases:
This section addresses the first logical step in determining the terms of the contract: what the agreement says. If the parties disagree about the meaning of a term in the contract, the courts generally engage in a two-step process: (1) is the term ambiguous? and, if so, (2) how to decide what the term means. As you read these cases, note what part of the agreement is at issue and think about which of these two questions the court discusses. What test does the court apply? And what evidence is relevant?
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.