Relying on established contractual interpretation lines of authority with respect to
the reasonable intent of the parties, the majority opinion concluded that the clause could not be said to be ambiguous merely because of a difference of opinion about whether a hypothetical activity would trigger the compensation obligation.
Not exact matches
[62] Viewed contextually and with the
reasonable expectations
of the
parties in mind, what was the common
intent behind the use
of the word «income» to qualify the word «benefit»?
(3) In determining the
intent of a
party or the understanding a
reasonable person would have had, due consideration is to be given to all relevant circumstances
of the case including the negotiations, any practices which the
parties have established between themselves, usages and any subsequent conduct
of the
parties.