672. Construing the guarantee in its context.

672. Construing the guarantee in its context.

Financial Instruments and Transactions (Volume 49 (2021)) | Commentary

The modern approach of the courts is to use all the available aids for the construction of written documents to seek out from the words used what they believe to have been the true intention of the parties1 when the guarantee was executed and not to be over-constrained by an interpretation based purely on internal linguistic considerations2.

Extrinsic