"Section 6(h)(3) should be interpreted according to the simplicity of its language and its location, and not according to the 'intention of the parties'... If the language of the clause were ambiguous or ambiguous, there would be room to refer to the background of the contract and the 'intention of the parties' and to assess their opinion. But this subsection, even if it is not complete, leaves no room for doubt about the applicable."
This opinion was also shared by my colleague, the Honorable Justice Matza.
- My conclusion on this matter is different.
I accept the words of my colleague, Justice Matza, according to which according to section 25(a) of the Contracts (General Part) Law, the opinion of the parties must be assessed from the contract, and only where it is not implied in the contract, the circumstances of its conclusion must be relied upon. However, as is well known, the interpretation of a clause in a contract from within the contract itself is not summarized in terms of the linguistic meaning of the words written therein. Interpretation from within
the contract itself has a much broader meaning. In this regard, the words of my colleague, Justice Barak (as he was then called), in the Ata case [1], at pp. 305-306, are appropriate:
"The judge learns about the intentions of the parties, first and foremost, from the contract itself. Indeed, various provisions of the contract may shed light on the purpose and purpose of the contractual provision, which the judge wishes to interpret. A contract is an integrative framework. Its various parts are intertwined and intertwined. Its different organs influence each other. Therefore, in the interpretation of the contract, on the one hand, it is necessary to look at it as a whole, with its overall view, and on the other hand, to examine the connections between the various provisions, with a view to formulating the intentions of the parties from them. In this context, the nature of the transaction, its general legal structure, and its economic and social goals are of great importance. All of these have implications for the intentions of the parties."