Interpreting Contracts in Disputes
Objectives
- Present interpretive arguments
- Use language of argumentation
- Respond to counterarguments
Explanation
In disputes, argue from: literal wording, context of the whole contract, purpose, and the parties' conduct. Costa Rican law also requires good faith in performance. Use phrases: 'The plain meaning of Clause 5 is…', 'Read as a whole…', 'This interpretation is supported by…', 'Even if… , …'.
plain meaning
The ordinary meaning of words.
“The plain meaning of 'delivery' is clear.”
read as a whole
Interpreted considering the entire document.
“Read as a whole, the contract favours our client.”
good faith
Honest and fair conduct required in contracts.
“Both parties must act in good faith.”
counterargument
An argument against another argument.
“Let's anticipate their counterargument.”
to construe
To interpret.
“The court construed the clause narrowly.”
Flashcards
Match terms and definitions
plain meaning
read as a whole
good faith
counterargument
to construe
Complete the sentences
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