合同与履行第 857 / 1605 题
A contract term is 'ambiguous' when:
a.It is written in all capital letters
b.It is reasonably susceptible to more than one interpretation
c.It exceeds one page in length
d.It contains any technical construction terms
解析
A term is ambiguous when it is reasonably capable of more than one meaning, so that reasonable people could read it differently. Ambiguity, not mere length, capitalization, or the presence of technical terms, is what permits a court to consider extrinsic evidence to determine the parties' intent. Under the doctrine of contra proferentem, genuine ambiguities are often construed against the party who drafted the language.
免费刷完整 1605 道题库 — 无需注册。
同考点相关题目
- The 'implied covenant of good faith and fair dealing' that accompanies most contracts requires that:
- A bilateral contract is distinguished from a unilateral contract in that a bilateral contract involves:
- A homeowner tells a contractor, 'I'll pay you $1,000 if and when you finish removing the fallen tree,' and the contractor completes the removal. This is an example of acceptance of:
- Under the rule of 'contra proferentem,' an ambiguous contract term is generally construed:
- In interpreting a contract that has both typed and pre-printed (form) terms that conflict, courts commonly give priority to:
- A 'voidable' contract differs from a 'void' contract in that a voidable contract: