Parduhn v. Bennett’s Empirical Analysis
2002
Citation profile
12 state decisions
Relationships
Relies on Cave v. Cave · Johnson v. Morton Thiokol, Inc. · Sharon Steel Corp. v. Aetna Casualty & Surety Co. · Plateau Mining Co. v. Utah Division of State Lands & Forestry · Peterson v. the Sunrider Corp.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the language within the four corners of the contract is unambiguous, the parties' intentions are determined from the plain meaning of the contractual language, and the contract may be interpreted as a matter of law. However, if the language of the contract is ambiguous such that the intentions of the parties cannot be determined by the plain language of the agreement, extrinsic evidence must be looked to in order to determine the intentions of the parties. If a contract is ambiguous, the court may consider the parties' actions and performance as evidence of the parties' true intention. An ambiguity exists in a contract term or provision if it is capable of more than one reasonable interpretation because of un certain meanings of terms, missing terms, or other facial deficiencies.”
2 later decisions quote this exact passage · from the concurrence“A contract may be [abandoned] by acts or conduct of the parties inconsistent with the continued existence of the contract.”
2 later decisions quote this exact passage“'[MJutual assent to abandon ... a contract may be inferred from the attendant civeum-stances and conduct of the parties.”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.