Texas Contract Law

Contract Lawyer Austin Texas

Jan 6, 2013 — by Jeff Mundy
Tags: Contract Law

In disputes over the meaning of a contract, which we review de novo, we first look to the plain language of the contract to determine whether it is ambiguous. Empire Fire & Marine Ins. Co. v. Brantley Trucking, Inc., 220 F.3d 679, 681 (5th Cir. 2000) (applying Texas law). "In Texas, whether a contract is ambiguous is a question of law." Addicks Servs., Inc. v. GGP-Bridgeland, LP, 596 F.3d 286, 294 (5th Cir. 2010) (applying Texas law). A contract is ambiguous "if its plain language is amenable to more than one reasonable interpretation." Nautilus Ins. Co. v. Country Oaks Apts. Ltd., 566 F.3d 452, 455 (5th Cir. 2009) (applying Texas law). If a contract is unambiguous, we apply its plain meaning and enforce it as written. Texas v. Am. Tobacco Co., 463 F.3d 399, 407 (5th Cir. 2006) (applying Texas law). If a contract is ambiguous, then, and only then, do we consider extrinsic evidence for "the purpose of ascertaining the true intentions of the parties expressed in the contract." Id. (quoting Friendswood Dev. Co. v. McDade + Co., 926 S.W.2d 280, 283 (Tex. 1996)). 

Horn v. State Farm Lloyd's, (5th Cir. 2012)

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