The Interpretation of Contracts
Date Issued
2014
Date
2014
Author(s)
Yen, Yueh-Po
Abstract
The interpretation of contracts plays an important role in the contract law. Even though the contract terms are unambiguous, it is still the result of interpretation. When the court determines the contents of contract, it will inevitably undertake the process of interpretations. The main topic of this thesis is to examine the ways in which the relevant matters such as contract terms, usage of trade, purpose of contract, course of performance, course of dealing and all the circumstances are applied in interpretation of contract law. This thesis would explore the purpose of interpretation from the point of view of objectivism, which puts emphasis on the understanding of the reasonable person, and the view of subjectivism, which pursues the intention of parties, and from the viewpoint of fairness and reasonableness. Finally, it is the goal of this thesis to indicate the ways to take balance among all the requirements and to make a clear but flexible reference to the interpretation of contracts.
In conclusion, although the understanding of a reasonable person would always be the guide of interpretation at most of the time, the interpretation of contracts shall also pursue the intention of parties at first for the reason of flexibleness. For constructive interpretation, the guideline will be fairness and reasonableness, while they actually do the work in the name of good faith and fair dealing. In any event, the relevant matters shall be applied and controlled by those purposes and play its roles.
Subjects
契約解釋
補充之契約解釋
參考要素
契約文字
交易慣例
契約目的
背景事實
誠信原則
Type
thesis
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