COMM231 Chapter Notes - Chapter 7: Shrink Wrap Contract, Parol Evidence Rule, Condition Precedent
Document Summary
English anything like one dealing with ambiguities understand. Terms of contract refer to promises made by one party to another by virtue of offer and acceptance. Contract is a business tool that can be used to manage a business" exposure to liability. Contract can be entirely oral, entirely written, both oral and written. Court assign as reasonable a meaning as possible to vague terms. For every day of the delay, a will pay b . The intention is to motivate a to deliver products on date. If there is a mechanical problem that causes delay, a should pay b. However, if there is delay caused by severe weather condition (outside of a"s control), if b still asks a to pay, it will be contrary to the parties" intention. Implied terms: provision that is not expressly included in a contract but that is necessary to give effect to the parties" intention. Courts imply terms based on a number of grounds: