Law 5110 Quiz: Risk of Management – Force Majeure Clause
Document Summary
Pecl remedies for non-performance may be excluded or restricted unless it would be contrary to good faith and fair dealing to invoke the exclusion or restriction. Non- fulfillment = end of the contract: obligations that do not go to the root of the contract do not end the contract. Express terms: agreed by the parties themselves. Implied terms: inserted by the court (gaps in the contract) Some representations are not intended to form a part of the final agreement. Trade puffs mere boasts, slick advertising, made to catch attention, no reasonable person would take them seriously. Mere opinions not based on fact, not made by specialist, made honestly not with intention to deceive, lacks any weight. Express terms agreed by the parties in advance. They form the essence of the agreement between the parties. They are oral or written but are communicated between the parties.
