Management and Organizational Studies 2275A/B Lecture Notes - Lecture 2: Parol Evidence Rule, Legal Doctrine
6 Feb 2017
School
Department
Professor
Document Summary
The content of a contract: terms refer to promises made by one party to another by virtue of offer and acceptance. Express terms: a provision of a contract that states a promise explicitly: essential terms should be expressed so that each party knows its obligations, parties should be careful about assumptions. Intention: courts are to give effect to the parties intentions. Previous dealings between the parties: if parties have contracted in the past -imply that their current contract contains the same terms. Terms are not easily implied except in routine transaction or unless the sale of goods act applies. Must be clear that both parties would have included the term in question. Entire contract clause: a term in a contract in which the parties agree that their contract is complete as written. A request for goods or services: implying a promise to pay:
