داستان آبیدیک

matter of law


فارسی

1 حقوق:: امر حکمی

204 elements of contract interpretation If there is no such ambiguity, the contract is given its unambiguous (plain) meaning as a matter of law. A court then should hold that the term or contract has its unambiguous meaning as a matter of law. If the conven tional meaning is unambiguous and later is advanced by a party to a dis pute, objective conventional interpretation would require a judge to find that the contract has the conventional meaning as a matter of law. The contract or term then has the other meaning if it is reasonable, and the contract or term is unambiguous as a matter of law. Moreover, while strong subjectivism would send most interpretive questions to the fact-finder, objective contextual interpretation prefers that judges decide the ques tion of ambiguity as a matter of law.

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