Practice point: A contract is to be construed in accordance with the parties' intent,
which typically is discerned from the four corners of the document
itself. Consequently, a written agreement that is complete, clear and
unambiguous on its face must be enforced according to the plain meaning
of its terms. A contract is ambiguous, however, if the terms are reasonably susceptible of more than one interpretation. Where a contract is ambiguous, extrinsic evidence may be considered to determine the parties' intent.
Student note: Whether a contract is ambiguous is a question of law to be resolved by the court.
Case: Obstfeld v. Thermo Niton Analyzers, LLC, NY Slip 08601 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Liability of a commercial lessee.
