LAW 122 Chapter Notes - Chapter 9: Car Rental, Statutory Law, Collateral Contract
21 Apr 2018
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Document Summary
Pre contract stage: contractual terms: meant to be included in the contract (a promise, pre- contractual statement: meant to convince the hearer to enter into the contract. Statement of law: everyone should know the law: a puff: they are merely sales words. Things people say that no reasonable person would believe. Document titly, document purpose, recitals: parties involved, terms and conditions. Oral agreement- must prove express term was spoken. Written agreement: parol (oral) evidence rule- says that the written contract is the written contract. Express terms may not fully reflect intention of parties. Parties" remaining intentions may be implied by law: common law (implied by court)- asking the court to put a clause there that is not already there. Standard form agreement terms: standard form agreement= mass- produced documents (take it or leave it) Mortgage, car rental, waivers, etc: signature is proof of assent to terms. Signer is bound even if document not read.
