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6 Cards in this Set
- Front
- Back
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§ 201(1)
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where the parties have attached the same meaning to a promise or agreement or a term thereof, it is interpreted in accordance with that meaning
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§ 201(2)
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where the parties have attached different meaning to a promise or agreement or a term thereof, it is interpreted in accordacne with the meaning attached by one of them if at the time the agreement was made:
a) that party did not know of any different menaing attached by the other, and the other knew the meaning attached by the first party; or b) that party had no reason to know of any different meaning attached by the other, and the other had reason to know that meaning attached by the first party |
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§ 201(3)
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Except as stated in this section, neither party is bound by the meaning attached by the other, even though the result may be a failure of mutual assent
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§ 206 Interpretation against the draftsmen
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In choosing among the reasonable meanings of a promise or agreemtn or a term thereof, that meaning is generally preferred which operates against the party who supplies the words or from whom a writing otherwise proceeds.
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Hand written or typed v. Printed version
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Handwritten or typed version has priority over printed version cause it is assumed that handwritten or typed version is more recent and more reliable expression of their intention than the language in the printed version
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§ 203 Standards of preference in interpretation
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in the interpretation of a promise or a agreement thereof, the following standards of preference are generally applicable:
a) an interpretation which gives a reasonable, lawful and effective meaning to all the terms is preferred to an interpretation which leaves a part unreasonable, unlawful or of no effect b) express terms are given greater weight than course of performance, course of dealing, and usage of trade, course of performance is given greater weight than course of dealing or usage of trade, and course of dealing is given greater weight than usage of trade c) specific terms and exact terms are given greater weight than general language d) separately negotiated or added terms are given greater weight than standardized terms or other terms not separately negotiated |
