For the proper construction of an instrument, the circumstances under which it was made, including the situation of the subject of the instrument, and of the parties to it, may also be shown, so that the Judge be placed in the position of those whose language he is to interpret.
§ 1860.Circumstances Under Which Instrument Was Made May Be Shown
Title 1. Of the General Principles of Evidence · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1860 allows the circumstances surrounding the making of an instrument, including the situation of its subject matter and of the parties, to be shown so the judge can read the language from the position of the people who wrote it.
Full Text of § 1860
Plain-English Summary
Words on a page do not interpret themselves; they need context. This section lets a party bring in evidence of the circumstances under which an instrument was made, including the situation of the subject matter it deals with and the situation of the parties who made it, so the judge construing the language can stand, in effect, where the parties stood when they chose their words.
Section 1856 leans on this rule directly, confirming that evidence of the circumstances surrounding an agreement is not the kind of outside evidence the parol evidence rule excludes. The two sections work together: 1856 keeps out evidence that would contradict a final written agreement, while 1860 lets in evidence that helps explain what the agreement's language was in fact addressing.
Frequently Asked Questions
What kind of evidence does Section 1860 allow?
Evidence of the circumstances under which an instrument was made, including the situation of its subject matter and of the parties to it.
Why does the law let this kind of evidence in?
So the judge interpreting the instrument's language can be placed in the position of the people whose words are being construed.
How does this section relate to the parol evidence rule in Section 1856?
Section 1856 expressly preserves evidence of the circumstances defined in Section 1860 as evidence its exclusionary rule does not reach.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: circumstances surrounding contract formation californiacontext evidence for interpreting instrument