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Civil Code - CIV - CIV § 1633.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1633.5

(a) This title does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (b) This title applies only to a transaction between parties each of which has agreed to

Civil Code - CIV - CIV § 1633.6

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1633.6

This title shall be construed and applied according to all of the following: (1) To facilitate electronic transactions consistent with other applicable law. (2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those

Civil Code - CIV - CIV § 1633.7

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1633.7

(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be

Civil Code - CIV - CIV § 1633.8

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1633.8

(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, that requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an e

Civil Code - CIV - CIV § 1633.9

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1633.9

(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic re

Civil Code - CIV - CIV § 1635

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1635

All contracts, whether public or private, are to be interpreted by the same rules, except as otherwise provided by this Code.

Civil Code - CIV - CIV § 1636

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1636

A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful.

Civil Code - CIV - CIV § 1637

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1637

For the purpose of ascertaining the intention of the parties to a contract, if otherwise doubtful, the rules given in this Chapter are to be applied.

Civil Code - CIV - CIV § 1638

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1638

The language of a contract is to govern its interpretation, if the language is clear and explicit, and does not involve an absurdity.

Civil Code - CIV - CIV § 1639

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1639

When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone, if possible; subject, however, to the other provisions of this Title.

Civil Code - CIV - CIV § 1640

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1640

When, through fraud, mistake, or accident, a written contract fails to express the real intention of the parties, such intention is to be regarded, and the erroneous parts of the writing disregarded.

Civil Code - CIV - CIV § 1641

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1641

The whole of a contract is to be taken together, so as to give effect to every part, if reasonably practicable, each clause helping to interpret the other.

Civil Code - CIV - CIV § 1642

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1642

Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction, are to be taken together.

Civil Code - CIV - CIV § 1643

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1643

A contract must receive such an interpretation as will make it lawful, operative, definite, reasonable, and capable of being carried into effect, if it can be done without violating the intention of the parties.

Civil Code - CIV - CIV § 1644

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1644

The words of a contract are to be understood in their ordinary and popular sense, rather than according to their strict legal meaning; unless used by the parties in a technical sense, or unless a special meaning is given to them by usage, in which case the latter must be followed

Civil Code - CIV - CIV § 1645

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1645

Technical words are to be interpreted as usually understood by persons in the profession or business to which they relate, unless clearly used in a different sense.

Civil Code - CIV - CIV § 1646

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1646

A contract is to be interpreted according to the law and usage of the place where it is to be performed; or, if it does not indicate a place of performance, according to the law and usage of the place where it is made.

Civil Code - CIV - CIV § 1646.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1646.5

Notwithstanding Section 1646, the parties to any contract, agreement, or undertaking, contingent or otherwise, relating to a transaction involving in the aggregate not less than two hundred fifty thousand dollars ($250,000), including a transaction otherwise covered by subdivisio

Civil Code - CIV - CIV § 1647

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1647

A contract may be explained by reference to the circumstances under which it was made, and the matter to which it relates.

Civil Code - CIV - CIV § 1648

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1648

However broad may be the terms of a contract, it extends only to those things concerning which it appears that the parties intended to contract.

Civil Code - CIV - CIV § 1649

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1649

If the terms of a promise are in any respect ambiguous or uncertain, it must be interpreted in the sense in which the promisor believed, at the time of making it, that the promisee understood it.

Civil Code - CIV - CIV § 1650

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1650

Particular clauses of a contract are subordinate to its general intent.

Civil Code - CIV - CIV § 1651

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1651

Where a contract is partly written and partly printed, or where part of it is written or printed under the special directions of the parties, and with a special view to their intention, and the remainder is copied from a form originally prepared without special reference to the p

Civil Code - CIV - CIV § 1652

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1652

Repugnancy in a contract must be reconciled, if possible, by such an interpretation as will give some effect to the repugnant clauses, subordinate to the general intent and purpose of the whole contract.

Civil Code - CIV - CIV § 1653

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1653

Words in a contract which are wholly inconsistent with its nature, or with the main intention of the parties, are to be rejected.