CONTRACT LAW — Interpretation of Contracts — Court Cannot Write New Contract for Parties
Principle Statement
In the interpretation of contracts or documents, the basic principle is that it is not the duty of any court or tribunal to make contracts for the parties.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Baker Marine Nig. Ltd v. Chevron Nig. Ltd (2006) NLC-123-374-2001(SC) at p. 8; Paras C.
"In the interpretation of contracts or documents, the basic principle of law, is that, it is not the duty of any court or tribunal, to make contracts for the parties."
Explanation / Scope
Courts interpret, not rewrite, contracts. The parties’ agreement must be given effect as written. The principle applies to contract law.
