This may not in fact be the contract, which a court can construe from all the circumstances, but will be strong evidence of it.
A court will construe the parties' contractual relationship against its factual background.
In that case, the Court construed a defendant's right very broadly in his ability to present a defense.
Courts often construe this clause very strictly and rarely enforce it.
But, he said, the appellate court construed the term "unconscionable increase" differently.
The Court looked at the substance of the treaty and construed the disputed language as "that unlettered people understood it".
It would also help if courts would more narrowly construe the scope of executive privilege.
The first is that in cases of doubt the courts will construe the restriction contra proferentes.
Courts have construed those liabilities much more broadly than the original underwriters had anticipated.
The courts, it is true, will interpret these clauses and have construed them to mean that jurisdictional errors are not protected.