TITLE 3. INTERPRETATION OF CONTRACTS [1635. - 1663.]
Title 3 enacted 1872.
§§ 1635–1663 · 32 sections
- § 1635 All contracts, whether public or private, are to be interpreted by the same rules, except as otherwise provided by this Code.
- § 1636 A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is…
- § 1637 For the purpose of ascertaining the intention of the parties to a contract, if otherwise doubtful, the rules given in this Chapter are to be applied.
- § 1638 The language of a contract is to govern its interpretation, if the language is clear and explicit, and does not involve an absurdity.
- § 1639 When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone, if possible; subject, however, to the other…
- § 1640 When, through fraud, mistake, or accident, a written contract fails to express the real intention of the parties, such intention is to be regarded, and the…
- § 1641 The whole of a contract is to be taken together, so as to give effect to every part, if reasonably practicable, each clause helping to interpret the other.
- § 1642 Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction, are to be taken together.
- § 1643 A contract must receive such an interpretation as will make it lawful, operative, definite, reasonable, and capable of being carried into effect, if it can be…
- § 1644 The words of a contract are to be understood in their ordinary and popular sense, rather than according to their strict legal meaning; unless used by the…
- § 1645 Technical words are to be interpreted as usually understood by persons in the profession or business to which they relate, unless clearly used in a different…
- § 1646 A contract is to be interpreted according to the law and usage of the place where it is to be performed; or, if it does not indicate a place of performance,…
- § 1646.5 Notwithstanding Section 1646, the parties to any contract, agreement, or undertaking, contingent or otherwise, relating to a transaction involving in the…
- § 1647 A contract may be explained by reference to the circumstances under which it was made, and the matter to which it relates.
- § 1648 However broad may be the terms of a contract, it extends only to those things concerning which it appears that the parties intended to contract.
- § 1649 If the terms of a promise are in any respect ambiguous or uncertain, it must be interpreted in the sense in which the promisor believed, at the time of making…
- § 1650 Particular clauses of a contract are subordinate to its general intent.
- § 1651 Where a contract is partly written and partly printed, or where part of it is written or printed under the special directions of the parties, and with a…
- § 1652 Repugnancy in a contract must be reconciled, if possible, by such an interpretation as will give some effect to the repugnant clauses, subordinate to the…
- § 1653 Words in a contract which are wholly inconsistent with its nature, or with the main intention of the parties, are to be rejected.
- § 1654 In cases of uncertainty not removed by the preceding rules, the language of a contract should be interpreted most strongly against the party who caused the…
- § 1655 Stipulations which are necessary to make a contract reasonable, or conformable to usage, are implied, in respect to matters concerning which the contract…
- § 1656 All things that in law or usage are considered as incidental to a contract, or as necessary to carry it into effect, are implied therefrom, unless some of them…
- § 1656.1 (a) Whether a retailer may add sales tax reimbursement to the sales price of the tangible personal property sold at retail to a purchaser depends solely upon…
- § 1656.5 (a) Whether a qualified heavy equipment renter may add estimated personal property tax reimbursement to the rental price of heavy equipment property to a…
- § 1657 If no time is specified for the performance of an act required to be performed, a reasonable time is allowed. If the act is in its nature capable of being done…
- § 1657.1 Any time specified in a contract of adhesion for the performance of an act required to be performed shall be reasonable.
- § 1659 Where all the parties who unite in a promise receive some benefit from the consideration, whether past or present, their promise is presumed to be joint and…
- § 1660 A promise, made in the singular number, but executed by several persons, is presumed to be joint and several.
- § 1661 An executed contract is one, the object of which is fully performed. All others are executory.
- § 1662 Any contract hereafter made in this State for the purchase and sale of real property shall be interpreted as including an agreement that the parties shall have…
- § 1663 (a) As used in this section, the following terms shall have the following meanings: (1) “Euro” means the currency of participating member states of the…