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General Rules Regarding Contracts 10 22 2013 The Intention of the Parties Control Role of the court was to interpret the contract set out by both parties Courts interpret contracts as a whole Contradictions and Ambiguities If the contradiction is truly significant the court may dismiss the whole contract HW Hand Writing TW Type Writing PM Printed Material o Hand Writing beats type writing which beats printed material Written Amounts Numerals Strict Construction Against The Drafting Party Many contracts are put together by one party and the other side is just told to sign here If there is some ambiguity that comes up later in said contract and there is a difference in opinion courts typically against the drafting party Contracts Good faith is an implied motive in each contract Avoidance of Hardship Many times judges decide cases to avoid hardship for the other parties Conduct Of The Parties Past Practice Dispute of two parties nothing will be given in greater weight then past actions by the parties on the issue


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UAlbany BLAW 220 - General Rules Regarding Contracts

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