LAWS 4175 Lecture Notes - Lecture 8: Meeting Of The Minds
29 Dec 2020
School
Department
Course
Professor
Document Summary
The meaning of the agreement: principles of interpretation and the parole evidence rule. If the parties have different understandings of the meaning and neither party had actual or constructed knowledge, then there is no contract because there is no mutual assent ( 201(3) and comment d). 2-201(2): between merchants (at least two/both parties must be merchants), within a reasonable time, a writing in confirmation of the contract and sufficient (signed, written, indicate the existence of a contract, and quantity) against the sender. Is received and the receiver has reason to know its (the confirmation"s) contents. This renders the contract enforceable unless the recipient sends an objection to the sender within 10 days of receiving the confirmation: * merchant confirmation exception. 202: words and conducted are interpreted in light of all circumstances and if the principle purpose is ascertainable, it is given great weight, the writing is interpreted as a whole.
