- 16 - not attempting to combine the payment periods contained in the two provisions to meet a periodicity requirement.10 This case presents a question of interpreting the provisions of the agreement regarding the effect of the payee’s death, not an issue regarding consolidation of the stream of payments. We find the cases respondent cites, and other cases applying the general rule prohibiting the merger of different types of payments, distinguishable from the instant case because those cases did not deal with a situation where the language in one payment provision of a divorce document made reference to another provision or indicated that the payment provision should be read in conjunction with another part of the document. The present issue is whether it is appropriate to review the preceding paragraph to understand the language in question. A well- established principle of contract law is that a writing is interpreted as a whole, and any writings which are part of the same transaction should be viewed together. 2 Restatement, 10We are unaware of any cases since the 1984 revision and 1986 amendment to sec. 71 applying the general rule prohibiting merger of different types of payments. Although this does not necessarily mean that the general rule prohibiting merger of different types of payments does not apply because of the change in law, the factual circumstances in which the general rule was applied are not as prevalent under current law. In any event, the facts and circumstances of this case are distinguishable from prior cases applying the general rule.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011