MCS 3040 Chapter Notes - Chapter 7: Condition Subsequent, Abeyance, Parol Evidence Rule
10 Jul 2013
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Document Summary
A provision of a contract that states a promise explicitly. Problems of interpretation: vague or ambiguous language. Court assigns as reasonable a meaning as possible. Example: what is best quality -> court reasonably decides, such as highest quality available". Guiding principles for interpreting the terms of a contract. Can often be conflicting; on one hand court is supposed to uphold reasonable meaning of terms, yet, courts are to give effect to the parties" intentions. If there was a natural disaster per say, a party would want the court to use plain-meaning rule standing alone. A provision that is not expressly included in a contract but that is. Occurs when an event arises that is not addressed in the necessary to give effect to the parties" intention. contract through express terms. Judge will imply a term in order to give effect to the party"s intention.
