A Modern View of Contract Interpretation

• 영문명: A Modern View of Contract Interpretation
• 발행기관: 한국국제상학회
• 저자명: Kim Jong-Rack(김종락)
• 간행물 정보: 『국제상학』國際商學 第31卷 第4號, 471~482쪽, 전체 12쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2016.12.30

영문 초록

Though the great majority of jurisdictions require a finding of ambiguity before or after considering extrinsic evidence, some secondary authorities would not. Chief among them are Corbin and Fansworth, the Restatement (Second) of Contracts, and the Uniform Commercial Code. As long as the matter of interpretaion of the relevant contract is concerned, Corbin opposed any need for a court to find an ambiguity before or after considering extrinsic evidence of subjective intention. This means that no such finding is needed when the extrinsic evidence concerns what the parties both have attached to the specific meaning. In Nanakuli, the court adopted Corbin’s subjective view in deciding the case under the Restatement(Second) of Contracts as well as the UCC.

목차

Ⅰ. Introduction

Ⅱ. Corbin’s view

Ⅲ. A case

Ⅳ. Conclusion

키워드

Interpretation Intent Subjectivism