Certified Professional Public Buyer (CPPB) Practice Test

What does the express language rule specify?

1. It applies to all contracts, regardless of specifics

2. It allows for interpretation based on context alone

3. It states that a general description follows a specific list, applying only to the listed items

4. It nullifies previous verbal agreements

The correct answer is: It states that a general description follows a specific list, applying only to the listed items

The express language rule is an important principle in contract law that specifies how language used in contracts should be interpreted. The rule states that when a specific list of items is followed by a general description, the general description is limited to the items that are specifically listed. This means that the scope of the general description is confined to what has been explicitly mentioned, ensuring clarity and preventing ambiguity. This approach promotes precision in legal documents and helps in avoiding misunderstandings regarding the intent of the parties involved. By ensuring that general terms do not extend beyond what was specifically stated, this rule ultimately upholds the integrity of the contractual agreement and ensures that all parties have a clear understanding of their rights and obligations. In terms of context, this rule does not allow for interpretation based solely on what might seem reasonable in a broader context, nor does it apply universally to all contracts. It is specifically concerned with the relationship between particular and general terms within a contract. Additionally, it doesn’t deal with nullifying previous verbal agreements, as that would pertain to the parol evidence rule. Being aware of the express language rule is essential for professionals in purchasing and procurement to craft contracts that clearly outline the parties' intent and scope.