9-07 Interpretation of Contract
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<![CDATA[CHAPTER 9-07INTERPRETATION OF CONTRACT9-07-01.Public and private contracts interpreted by same rules.All contracts,whether public or private, are to be interpreted by the same rules, except as otherwise provided<br>by the laws of this state.9-07-02. Language of contract governs if clear. The language of a contract is togovern its interpretation if the language is clear and explicit and does not involve an absurdity.9-07-03. Contract interpreted to give effect to mutual intention. A contract must beso interpreted as to give effect to the mutual intention of the parties as it existed at the time of<br>contracting so far as the same is ascertainable and lawful. For the purpose of ascertaining the<br>intention of the parties to a contract, if otherwise doubtful, the rules given in this chapter are to be<br>applied.9-07-04. Intention ascertained from writing alone if possible. When a contract isreduced to writing, the intention of the parties is to be ascertained from the writing alone if<br>possible, subject, however, to the other provisions of this chapter.9-07-05. Real intention to govern in cases of fraud, mistake, or accident. Whenthrough fraud, mistake, or accident a written contract fails to express the real intention of the<br>parties, such intention is to be regarded and the erroneous parts of the writing disregarded.9-07-06. Contract interpreted as a whole. The whole of a contract is to be takentogether so as to give effect to every part if reasonably practicable. Each clause is to help<br>interpret the others.9-07-07. Several contracts part of one transaction interpreted together. Severalcontracts relating to the same matters between the same parties and made as parts of<br>substantially one transaction are to be taken together.9-07-08.Contract interpreted so it may be carried into effect.A contract mustreceive such an interpretation as will make it lawful, operative, definite, reasonable, and capable<br>of being carried into effect, if it can be done without violating the intention of the parties.9-07-09. Words to be interpreted in ordinary sense. The words of a contract are to beunderstood in their ordinary and popular sense rather than according to their strict legal meaning,<br>unless used by the parties in a technical sense, or unless a special meaning is given to them by<br>usage, in which case the latter must be followed.9-07-10. Interpretation of technical words. Technical words are to be interpreted asusually understood by persons in the profession or business to which they relate, unless clearly<br>used in a different sense.9-07-11. What law governs. Repealed by S.L. 1973, ch. 77, </p>
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