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Guam Statutes, Title 18

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Title 18, Business Structure and Function

60 chapters · 1,415 sections in this title.

All chapters in Title 181,415 Ch 17, Guam Uniform Limited Cooperative Ass…148 Ch 28, Guam Business Corporation Act148 Ch 56, Particular Employment64 Ch 36, Mortgages50 Ch 20, Agency in General48 Ch 85, Nature of a Contract47 Ch 25, Partnerships in General46 Ch 82, Obligations Extinguished44 Ch 15, Limited Liability Companies38 Ch 2, Formation of Corporations37 Ch 41, Deposit for Keeping35 Ch 3, Corporate Stock34 Ch 7, Foreign Corporations34 Ch 13, Nonprofit Cooperative Associations33

25 sections·Filtered byTitle 18✕Ch 87✕

18 GCA § 87101 Uniformity of Interpretation
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All contracts, whether public or private, are to be interpreted by the same rules except as otherwise provided by this Title and Titles 19, 20 and 21 of this Code. SOURCE: CC § 1635. COMMENT: The original section refers only to "this Code". This Guam Code Annotated titles referre…
18 GCA § 87102 How Contracts are Interpreted
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COL120106 A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful. SOURCE: CC § 1636.
18 GCA § 87103 Intention of Parties Ascertained
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For the purpose of ascertaining the intention of the parties to a contract, if otherwise doubtful, the rules given in this Chapter are to be applied. SOURCE: CC § 1637.
18 GCA § 87104 Intention from Language
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The language of a contract is to govern its interpretation, if the lan- guage is clear and explicit, and does not involve an absurdity. SOURCE: CC § 1638.

18 GCA § 87105 Interpretation of Written Contracts

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When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone, if possible; subject, however, to the other provisions of this Chapter. SOURCE: CC § 1639. COURT CASES; See T.S.S. Sportswear, Ltd v. Swank Shop, 380 F.2d 512 (CA9 196…

18 GCA § 87106 When Writing to be Disregarded

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When through fraud, mistake, or accident, a written contract fails to express the real intention of the parties, such intention is to be regarded, and the erroneous parts of the writing disregarded. SOURCE: CC § 1640. COURT CASES: See Scharff v. Bank of Hawaii, 432 F.2d 160 (CA9 …

18 GCA § 87107 Effect to be Given Every Part

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The whole of a contract is to be taken together, so as to give effect to every part, if reasonably practicable, each clause helping to interpret the other. SOURCE: CC § 1641.

18 GCA § 87108 Several Contracts Together

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COL120106 Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction, are to be taken together. SOURCE: CC § 1642.

18 GCA § 87109 Interpretation on Favor or Contract

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A contract must receive such an interpretation as will make it lawful, operative, definite, reasonable, and capable of being carried into effect, if it can be done without violating the intention of the parties. SOURCE: CC § 1643.

18 GCA § 87110 Words in Usual Sense

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The words of a contract are to be understood in their ordinary and popular sense, rather than according to their strict legal meaning, unless used by the parties in a technical sense, or unless a special meaning is given to them by usage, in which case the latter must be followed…

18 GCA § 87111 Technical Words

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Technical words are to be interpreted as usually understood by persons in the profession or business to which they relate, unless clearly used in a different sense. SOURCE: CC § 1645.

18 GCA § 87112 Law of Place

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A contract is to be interpreted according to the law and usage of the place where it is to be performed; or, if it does not indicate a place of perfor- mance, according to the law and usage of the place where it is made. SOURCE: CC § 1646.

18 GCA § 87113 Contracts Explained by Circumstances

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A contract may be explained by reference to the circumstances under which it was made, and the matter to which it relates. SOURCE: CC § 1647.

18 GCA § 87114 Contracts Restricted to Evident Object

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However broad may be the terms of a contract, it extends only to those things concerning which it appears that the parties intended to contract. COL120106 SOURCE: CC § 1648.

18 GCA § 87115 Interpretation of Sense Intended

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If the terms of a promise are ambiguous or uncertain, it must be interpreted in the sense in which the promisor believed, at the time of making it, that the promisee understood it. SOURCE: CC § 1649.

18 GCA § 87116 Particular Clauses Subject to General Intent

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Particular clauses of a contract are subordinate to its general intent. SOURCE: CC § 1650.

18 GCA § 87117 Contract: Part Written, Part Printed

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Where a contract is partly written and partly printed, or where part of it is written or printed under the special directions of the parties, and with a special view to their intention, and the remainder is copied from a form originally prepared without special reference to the p…

18 GCA § 87118 Repugnances Reconciled

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Repugnancy in a contract must be reconciled, if possible, by such an interpretation as will give some effect to the repugnant clauses, subordinate to the general intent and purpose of the whole contract. SOURCE: CC § 1652.

18 GCA § 87119 Inconsistent Words Rejected

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Words in a contract which are wholly inconsistent with its nature, or with the main intention of the parties are to be rejected. SOURCE: CC § 1653.

18 GCA § 87120 Against whom Words are to be Taken

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In cases of uncertainty not removed by the preceding rules, the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist. The promisor is presumed to be such COL120106 party; except in a contract between a public officer or …

18 GCA § 87121 Reasonable Stipulations Implied

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Stipulations which are necessary to make a contract reasonable or conformable to usage, are implied, in respect to matters concerning which the contract manifests a contrary intention. SOURCE: CC § 1655.

18 GCA § 87122 Necessary Incidents Implied

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All things that in law or usage are considered as incidental to a contract, or as necessary to carry it into effect, are implied therefrom, unless some of them are expressly mentioned therein, when all other things of the same class are deemed to be excluded. SOURCE: CC § 1656.

18 GCA § 87123 Time of Performance, Contract

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If no time is specified for the performance of an act required to be performed, a reasonable time is allowed. If the act is in its nature capable of being done instantly -- as, for example, if it consists in the payment of money only, it must be performed immediately upon the thi…

18 GCA § 87124 When Joint, Several

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(a) Where all the parties who unite in a promise receive some benefit from the consideration, whether past or present, their promise is presumed to be joint and several. (b) A promise made in the singular number, but executed by several persons, is presumed to be joint and severa…

18 GCA § 87125 Executed, Executory Distinguished

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An executed contract is one, the object of which is fully performed. All others are executory. COL120106 SOURCE: CC § 1661. NOTE: No 1970 Civil Code '§ 1662-1666 existed. ---------- COL120106 COL120106