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21. How would a court likely resolve the different meanings attached to the term by the parties?
The parties have now discovered that they attach different meanings to the term «summer season.»
In a contract drafted by the owner of a commercial fishing company, the company agreed to provide a specified quantity of fresh tuna to a seafood cannery each week during the «summer season» at an agreed-upon rate. The owner of the fishing company honestly understood «summer season» to mean June 15 to September 15. The cannery's president honestly understood the term to mean May 15 to September 15, as it is understood according to trade usage in the parties' industry.
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A is incorrect. The parties are not excused from their obligations under the contract. The contract will be performed according to the meaning supplied by trade usage.
B is incorrect. The rule of interpretation that a term's meaning is construed against the party who drafted the writing is applied where there is an ambiguity, but there is no ambiguity when the meaning is readily supplied by trade usage.
D is incorrect. The rule of misunderstanding applies when each party attaches a different reasonable meaning to a term. Here, the reasonable meaning is supplied by trade usage, not the parties.