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Surrounding Circumstances and Custom: Extrinsic Evidence in the Interpretation of Oil and Gas Industry Agreements in Alberta

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Author
Hardy, David E.
Accessioned
2009-05-06T20:54:34Z
Available
2009-05-06T20:54:34Z
Issued
1989
Type
working paper
Metadata
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Abstract
This paper discusses evidentiary issues that may arise in litigation concerning oil and gas industry agreements. The courts use the parol evidence rule to determine whether extrinsic evidence may be used as an aid to the interpretation of the agreement. Two exceptions to the rule are surrounding circumstances and custom. The paper explains the basis for these two exceptions, discovers the principles which have developed regarding their application in Alberta courts, and describes some of the difficulties which may be encountered in their application.
Refereed
No
Citation
David E. Hardy, Surrounding Circumstances and Custom: Extrinsic Evidence in the Interpretation of Oil and Gas Industry Agreements in Alberta (Calgary: Canadian Institute of Resources Law, 1989
Corporate
University of Calgary
Faculty
Law
Url
http://www.cirl.ca
Publisher
Canadian Institute of Resources Law
Doi
http://dx.doi.org/10.11575/PRISM/34317
Uri
http://hdl.handle.net/1880/47214
Collections
  • Canadian Institute of Resources Law

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