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AMI 2414 Contract Interpretation—Words or Phrases of a Particular Trade or Occupation

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2414
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 24. Contracts
Contract Interpretation
AMI 2414 Contract Interpretation—Words or Phrases of a Particular Trade or Occupation
You should interpret words or phrases associated with a particular trade or occupation as experienced and knowledgeable members of that trade or occupation use them, unless the evidence discloses that the parties used them in a different sense.
COMMENT
In spite of the fact that words in a contract are generally to be given their usual and ordinary meaning, words of art or words connected with or peculiar to a particular trade, profession, or occupation are to be given the signification attached to them by experts in such art or trade, profession, or occupation unless it appears that the words were used in a different sense. Les-Bil, Inc. v. General Waterworks Corp., 256 Ark. 905, 910, 511 S.W.2d 166, 169–70 (1974).
If in reference to the subject matter of the contract particular words and expressions have by usage acquired a meaning different from the plain, ordinary, and popular meanings the parties using those words in such a contract must be taken to have used the words in their peculiar senses. Wilkes v. Stacy, 113 Ark. 556, 169 S.W. 796, 797 (1914). Words that are facially technical or ambiguous, foreign or peculiar to the sciences or the arts, or to particular trades, professions, or occupations may be explained where they are employed in written instruments by parol evidence of usage. Id.
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