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Record W1517684064

Reasonable Expectations and the Interpretation of Contracts Across Legal Traditions

2009· article· en· W1517684064 on OpenAlexaffabout
Sébastien Grammond

Bibliographic record

VenueSSRN Electronic Journal · 2009
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsUniversity of Ottawa
Fundersnot available
KeywordsInterpretation (philosophy)DoctrineDutyMeaning (existential)Good faithLawEpistemologyFaithFair dealingPolitical scienceLaw and economicsSociologyEconomicsPositive economicsPhilosophy
DOInot available

Abstract

fetched live from OpenAlex

There is an increasing tendency to speak of reasonable expectations as a factor that should be taken into account when giving meaning to the terms of a contract. Some theorists even say it should become the new “golden key” of contractual interpretation. After summarizing the status of the doctrine of reasonable expectations in common law Canada, this article analyzes how the concept of reasonable expectations may help explain the interpretive practices of civil law judges in Quebec. While many contractual interpretation cases may be explained on that basis, the author shows that the duty to act in good faith, a central tenet of civil law systems, may constitute just as good an explanation. The author concludes that it is probably impossible to find a single overarching principle, be it intent, reasonable expectations or good faith, form which rules of interpretation may be deduced with any degree of precision.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.021
metaresearch head score (Gemma)0.030
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.035
Threshold uncertainty score0.120

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0210.030
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0030.002
Science and technology studies0.0070.051
Scholarly communication0.0120.010
Open science0.0030.005
Research integrity0.0050.006
Insufficient payload (model declined to judge)0.0030.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.008
GPT teacher head0.301
Teacher spread0.293 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreOther

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations2
Published2009
Admission routes2
Has abstractyes

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