What are the considerations to be taken into account in the case of the words used in an agreement are found ambiguous ?
CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2021
What are the considerations to be taken into account in the case of the words used in an agreement are found ambiguous ?
Answer & Explanation:
The cardinal rule is that clear and unambiguous words prevail over any hypothetical considerations or supposed intention. But if the words used are not clear and unambiguous the intention will have to be ascertained. In other words, if the intention of the parties can be gathered from the words and expressions used in a deed, such an intention does not require to be determined in any other manner except giving the words their normal or natural and primary meanings. It is the dominant intention of the document as disclosed from its whole tenor that must guide the construction of its contents. In case the terms are not unambiguous it is legitimate to take into account the surrounding circumstances for ascertaining the intention of the parties. The social milieu, the actual life situations and the prevailing conditions of the country are also relevant circumstances.
Topics: Interpretation of Documents
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