 The question is now being asked, “pertinently,” why evidence of “surrounding circumstances” should not be admissible in all cases, if the goal is to place the court as near as may be in the situation of the parties to the instrument.Such an approach would be “less artificial, more logical, consistent with modern thinking on the meaning of language, and would avoid the danger of a court enforcing a term in a contract to which neither party subscribed.”

No court yet has gone so far as to rescind the "Delmas" paradigm.The courts continue to profess allegiance to the traditional approach.