‘Data Driven Contract Interpretation: Discovering “Plain Meaning” Through Quantitative Methods’

Stephen C Mouritsen, Contract Interpretation with Corpus Linguistics (November 4, 2017), available at SSRN. Interpretation of contractual text may be the most important task courts perform in contract disputes. It is also the least predictable. Courts fall back on archaic canons of interpretation and employ poorly defined and spongy concepts for eliciting the meaning of words. They sometimes use textual approaches, and other times admit extrinsic evidence to understand the context. As a result, contract interpretation is erratic, and the resolution of contract disputes becomes complex and costly … (more)

[Omri Ben-Shahar, JOTWELL, 13 June]

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