In his Contract Law column, Glen Banks, a partner at Fulbright & Jaworski, analyzes a pair of rulings illustrating that despite the well-established principle of contract law that a court should determine and enforce what the parties intended, courts may still be inclined to apply a judicial perception of what the parties "really intended" or a judicial notion of what is fair.
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Appellate Decisions on Court's Role in Deciding What Is Fair or Intended
New York Law Journal
May 31, 2012
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