What is the Kawauchi rule on the meaning of a written instrument?

MultiRegion, United States of America

The following excerpt is from Corey, In re, 892 F.2d 829 (9th Cir. 1989):

While holding parties to the words of their written instruments may result in an occasional unfairness, it certainly avoids the type of delay, unfairness and expense generated in this case. Suffice to say that, but for the Kawauchi rule, this case would have been over in 1982, or sooner. On balance, we believe that the far wiser, as well as fairer, rule is one which puts parties on notice that they will be bound by the terms of the instruments they sign. See Trident Center v. Connecticut General Life Ins. Co., 847 F.2d 564, 569-70 (9th Cir.1988).

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