Interpretation - Next Generation Bar Exam

1. Under the rule of contra proferentem, how is an ambiguous term construed?

   Against the party who drafted it. The rule applies most strongly to standardized and adhesion contracts.

2. When handwritten or typed terms conflict with printed terms, which control?

   The handwritten or typed terms. Terms added by the parties are more likely to reflect their actual agreement than standard printed language.

3. When a term is reasonably open to two meanings and one favors the public interest, which meaning is generally preferred?

   The meaning that favors the public interest. This is a secondary canon, applied after other aids to interpretation.

4. An insurance policy term drafted by the insurer is reasonably susceptible to two readings. Which reading prevails?

   The reading more favorable to the insured. Ambiguities in a standardized form are construed against the drafter.

5. Which canon limits a general term that follows a list of specific items to things of the same kind?

   Ejusdem generis. For example, 'cars, trucks, and other vehicles' would not ordinarily include airplanes.

6. Under the Restatement (Second) approach, what may a court consider in deciding whether a term is ambiguous?

   Extrinsic evidence of the context and circumstances, not only the text. Courts following the stricter four-corners approach decide ambiguity from the writing alone.

7. What meaning do technical terms receive in a transaction within their technical field?

   Their technical meaning. Ordinary words otherwise receive their generally prevailing meaning.

8. When a specific term conflicts with a general term, which receives greater weight?

   The specific term. Specific language is presumed to reflect the parties' particular attention to the issue.

9. Which canon infers that expressly listing some items excludes others not listed?

   Expressio unius est exclusio alterius. The inference is a guide to intent and yields to contrary evidence.

10. What is the goal of contract interpretation?

    To give effect to the parties' intent as objectively manifested. Courts look to what a reasonable person would understand the words and conduct to mean.

11. How do courts choose between an interpretation that gives effect to every term and one that leaves a term meaningless?

    They prefer the interpretation that gives effect to every term. Parties are presumed not to include language without purpose.

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