Page:United States Statutes at Large Volume 76A.djvu/217

–121– -121§ 1181. Uniformity of interpretation All contracts, whether public or private, shall be interpreted by the same rules, except as otherwise provided by this title. § 1182. Intention of parties A contract shall be so interpreted as to give eflfect to the mutual intention of the parties as it existed at the time of contracting, as far as the same is ascertainable and lawful. § 1183. Ascertainment of intention generally For the purpose of ascertaining the intention of the parties to a contract, if otherwise doubtful, the rules given in this chapter shall apply. § 1184. Language of contract The language of a contract shall govern its interpretation^ if the language is clear and explicit, and does not involve an absurdity. § 1185. Written contracts When a contract is reduced to writing, the intention of the parties shall be ascertained from the writing alone, if possible; subject, however, to the other provisions of this chapter. § 1186. Writing disregarded When, through fraud, mistake, or accident, a written contract fails to express the real intention of the parties, that intention shall be regarded, and the erroneous parts of the writing disregarded. § 1187. Contract taken as a whole The whole of a contract shall be taken together, so as to give eflfect to every part, if reasonably practicable, each clause helping to interpret the other. § 1188. Several contracts to be taken together Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction, shall be taken together. § 1189. Interpretation in favor of contract A contract shall receive such an interpretation as will make it lawful, operative, definite, reasonable, and capable of being carried into effect, if it can be done without violating the intention of the parties. § 1190. Words in their ordinary sense The words of a contract shall be understood in their ordinary and popular sense, rather than according to their strict legal meaning, unless used by the parties in a technical sense, or unless a special meaning is given to them by usage, in which case the latter shall be followed. § 1191. Technical words Technical words shall be interpreted as usually understood by persons in the profession or business to which they relate, unless clearly used in a different sense. § 1192. Law and usage of place A contract shall 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, according to the law and usage of the place where it is made. § 1193. Explanation by reference to circumstances A contract may be explained by reference to the circumstances under which it was made, and the matter to which it relates.

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