One approach that the courts adopt to interpret the provisions of contracts is to determine the most reasonable interpretation of express terms. Where this cannot be done, the second approach
A) is to ask the parties if there is an implied term in the contract.
B) involves the determination of the most widely held understanding of the provision.
C) is to determine whether the intention of the parties can be achieved only by acknowledging the existence of an implied term.
D) is to request that a jury determine which interpretation is in accord with societal standards.
E) is to make a contract for the parties.

Question

Quizplus · Accepted Answer

If the most reasonable interpretation of express terms cannot be determined, the courts adopt the approach of determining whether the intention of the parties can be achieved only by acknowledging the existence of an implied term. This approach involves examining the surrounding circumstances at the time the contract was made to determine the presumed intentions of the parties. If an implied term is found to be necessary to achieve the intention of the parties, it will be taken to be part of the contract.

One Approach That the Courts Adopt to Interpret the Provisions