view printer friendly version     Contract - Interpretation 1995- Contracts C - 50.24 The language of a contract governs its interpretation if the language is clear and explicit and does not involve an absurdity. A contract must be interpreted to give effect to the mutual intention of the parties as it existed at the time of contracting to the extent that their intention is ascertainable and lawful. When a contract is written, the intention of the parties is to be determined from the writing alone, if possible. A contract must be interpreted to make it lawful, operative, definite, reasonable, and capable of being carried into effect, if that can be done without violating the intention of the parties. The words of a contract are to be interpreted in their ordinary and popular sense unless used by the parties in a technical sense, or unless a special meaning is given to the words by usage, in which case the technical sense or special meaning must be followed. The whole contract is to be taken together so as to give effect to every part if reasonably practicable. Each clause is to help interpret the others. A contract may be explained by reference to the circumstances under which it was made and the matter to which it relates. The terms of a contract extend only to those things that it appears the parties intended it to cover. In cases of uncertainty, the language of a contact should be interpreted most strongly against the party who caused the uncertainty to exist.   NDCC 9-07-02 - 04, 9-07-06, 9-07-08 - 09, 9-07-13, 9-07-19 BAJI 10.75 (Comment) view printer friendly version