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Plain-Meaning Rule

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A principle used by courts in interpreting contracts that provides that the objective definitions of contractual terms are controlling, irrespective of whether the language comports with the actual intention of either party.

The plain meaning of the contract will be followed where the words used—whether written or oral—have a clear and unambiguous meaning. Words are given their ordinary meaning; technical terms are given their technical meaning; and local, cultural, or Trade Usage of terms are recognized as applicable. The circumstances surrounding the formation of the contract are also admissible to aid in the interpretation.



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Here's what I mean by that: When appellate courts apply the plain-meaning rule to construe a statute by using language in the way in which it is used in everyday speech, they are primarily doing two things.
It is a misnomer to say, as the plain-meaning rule says, that, if the language is plain and unambiguous, there is no room for interpretation, because application of the statutory language to the facts of the case is interpretation of that language.
 
 
 
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