Contract

Contract Interpretation

After reading the interpretation rules used by courts in detail, the rule I agree with the most is the plain meaning rule of interpretation. The meaning of terms used is defined clearly on the foreside so that as the person willing to enter into the contract can be fully aware beforehand. I find the rule very reasonable because simplicity is adhered to since the incipient purpose is stipulated. When a case relating to contracts is brought in court, judgment is fair since everything is laid down clearly. Where there is ambiguity, the court is able to determine and ruling will be just not favoring any party. It becomes easier for the court to trace evidence even from the person who drafted the contract.

The other rules such as interpretation using what parties claims was the purpose of the contract are not as viable as the simple meaning rule since one party may be dishonest. The rule on giving weight to handwritten words may be bogus since handwritten words may be easily altered to be in line with one party’s intention. In business settings, the plain meaning rule is more viable since when a person wants to enter into the contract, he or she can easily understand the original purpose. It is therefore important since one is sure of what he or she wants to engage in. Other rules such as interpretation in line with the drafter may be ambiguous since the drafter may distort information regarding his intention in a court hearing which may cause biased judgments. Plain meaning rule gives the court and parties involved clarity and commercial sense.

Regarding the doctrine of unjust enrichment, I agree with it since it enhances fairness in judgment by the court. For instance, one party may alter the contract so as to benefit in a case. However, implication of a fictional contract will ensure that none of the parties takes advantage of the other. The court should embrace the use of quasi contracts in determination of cases which are not clear enough. Therefore, this doctrine is important in promoting justice and equity in determination of cases.

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