Asked in Civil Litigation for Louisiana

Q: Do intentions of the parties to the agreement matter in a case of a civil law?


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2 Lawyer Answers

A: The guiding principle of contract construction in American jurisprudence is that the court will attempt to ascertain the intentions of the parties as expressed in the agreement itself. What the parties subjectively intended but did not express is mostly meaningless.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: Intentions of the parties are always important in any jurisdiction in agreements. Courts will look at the specific terms of the agreement, but they will also look at the intentions of the parties if some of the elements remain unclear. Good luck

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