ABSTRACT
This article clarifies the two-step approach used by the courts to analyze contract interpretation issues and introduces the concept of the ‘Battle of the Two Reasonable Meanings’. The academic debate, which centers around whether the textualist approach (plain meaning and four corners of the document approach) or contextualist approach (use of outside evidence) is better, is a false dichotomy, both approaches are used, albeit in different steps (textualist at Step 1 and contextualist at Step 2) in the contract interpretation analysis.
White, Nancy J, The Contract Interpretation Two-Step: Step One, Ambiguity Determination and Step Two, the Battle of the Two Reasonable Meanings (October 2020) Journal of Management Policy and Practice, volume 21(4) 2020.
First posted 2021-04-22 14:30:07
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