ADM 3360 Chapter Notes - Chapter 7: Liquidated Damages, Bungee Jumping
3 Dec 2016
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The content of a contract: terms. Express: provision of a contract that states a promise explicitly. Judicial interpretation of express terms/vague or ambiguous language. If the terms are unclear, the drafter will have to bear the risk of unclear language. If the contract is using a language so ambiguous that it cannot be understood, it will fail for uncertainty and won"t be enforceable. It"s hard to know how courts will interpret a contract because the rules of constructions are often conflicting. Rules of construction: guiding principles for interpreting or constructing the terms of a contract. Implied: provision that is not expressly included in a contract, but that is necessary to give effect to the parties intention. In case of a conflict, the plaintiff carries the burden of proof. She needs to demonstrate that the terms exist based on the balance of probabilities. A judge is entitled to imply terms necessary to make the contract workable.
