Sentences with phrase «interpretation of the contract language»

Not exact matches

There are three rules of contract construction that govern the interpretation of disputed contract language.

By way of background, the test for contractual interpretation is what a reasonable person, having all background knowledge which would have been available to the parties, would understand the language in a contract to mean.

The Court confirmed that where the language of the policy is ambiguous, general rules of contract interpretation apply.

The Court found that the interpretation of insurance contracts involves a unique blend of the general principles of interpretation applicable to all contracts and the unique principles applicable in the insurance setting.22 While courts have found that the «language of the policy» is the most important factor in determining whether coverage is granted or excluded, courts have found that where there is genuine ambiguity or doubt, the duty to defend ought to be resolved in favour of the insured.23 Similarly other insurance law principles should be considered, such as the principle that coverage provisions should be construed broadly and exclusion clauses should be construed narrowly.24 It was this last principle that the Court looked to in making a decision in this case.

The Court accepted that the parties did not intend to contract out of the minimum standards of the ESA and held that the plaintiff's challenges to the contract «represent [ed] either strained interpretations or [were] easily and reasonably cured using the curative language contained in the employment agreement itself».

It could be that someone at the broadcasting authority is being more crabbed in their interpretation of how the licensing contract language applies to the modern circumstances than is really reasonable.

The language used in this Consulting Agreement will be deemed to be the language chosen by the Consultant and Client to express their mutual intent, and no rule of law or contract interpretation that provides that in the case of ambiguity or uncertainty a provision should be construed against the draftsperson will be applied against either the Consultant or Client.

This website does not provide detailed information or interpretation of specific insurance contracts, policies and / or policy language, and is not designed to be a substitute for such information in terms of claims handling and / or settlement.

«Options for the buyers moving forward (cancellation or renegotiation of the contract; reimbursement or withholding of escrow) are subject to legal interpretation of the contracts and the language contained therein.»