Asked by Paola Zaragoza on Jun 09, 2024
Verified
Which of the following is untrue with regard to the interpretation of contracts?
A) Express terms prevail over course of performance, and course of performance prevails over course of dealing.
B) Technical terms will always be given technical meaning and language that has a commonly accepted meaning is always interpreted in accordance with that meaning.
C) Handwritten or typed terms are given greater weight than preprinted terms.
D) All writings that are part of the same transaction are interpreted together.
Interpretation of Contracts
The process of determining the meaning and intent behind the written terms of a contract by examining its language, context, and the parties' intentions.
Technical Terms
Specialized vocabulary associated with a specific field of study, profession, or activity, used to communicate precisely within that context.
Preprinted Terms
Standard clauses and conditions printed on contracts or documents beforehand that typically require the acceptance of one party without negotiation.
- Understand the significance and importance of trade usage, express terms, course of dealing, and course of performance in interpreting contracts.
Verified Answer
SS
Salwa ShmouelJun 10, 2024
Final Answer :
B
Explanation :
The statement in option B is not entirely accurate because the interpretation of technical terms or language with a commonly accepted meaning can depend on the context of the contract, the industry standards, and the intentions of the parties involved. Courts may interpret terms in a way that reflects the parties' intentions or industry practice, rather than strictly adhering to technical or commonly accepted meanings.
Learning Objectives
- Understand the significance and importance of trade usage, express terms, course of dealing, and course of performance in interpreting contracts.