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It seems likely that the same extrinsic evidence often will be relevant to the existence of a parol agree ment, the question of ambiguity, and the question of meaning.
The Question of Ambiguity As discussed in Chapter 4, after identifying the subject matter for inter pretation-the contract's terms-prevailing law provides that a court must decide whether a term or the contract is ambiguous in a contested respect.
Allan Farnsworth, we have suggested four ways in which a term or a contract may be ambiguous- term ambiguity, sentence ambiguity, structural ambiguity, and vagueness.11 We should retain the requirement that judges answer the question of ambiguity, despite the contrary opinions of leading contracts scholars and other leading authorities, (notably Professors Arthur L.
Retaining the Question of Ambiguity The law of civil procedure thrusts the question of ambiguity into contract law.
Courts, noting that the judge, not the jury, decides such a threshold matter, have sometimes referred to this initial question of language ambiguity as a question of "law," which we see as another way of saying that there is no "genuine" factual issue left for a jury to decide.13 Those who would dispense with the question of ambiguity have not addressed the crucial procedural setting.
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