Selected Cases by Article & Issues
Article 4.336 Cases
In applying Articles 4.1 and 4.2, regard shall be had to all the circumstances, including
(a) preliminary negotiations between the parties;
(b) practices which the parties have established between themselves;
(c) the conduct of the parties subsequent to the conclusion of the contract;
(d) the nature and purpose of the contract;
(e) the meaning commonly given to terms and expressions in the trade concerned;
(f) usages.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Circumstances relevant in interpretation process | 16 |
| 1.1 | Preliminary negotiations | 12 |
| 1.2 | Practices established between parties | 3 |
| 1.2.1 | In long-term contracts | |
| 1.3 | Parties' conduct subsequent to conclusion of contract | 7 |
| 1.3.1 | In long-term contracts | 1 |
| 1.4 | Nature and purpose of contract | 6 |
| 1.5 | Meaning commonly given to terms and expression in the trade concerned | 4 |
| 1.6 | Usages | 1 |
| 1.7 | Other relevant circumstances | 3 |
| 2 | Merger clauses (see Art. 2.1.17) | |
| 3 | Parol evidence rule |