Law 3101A/B Study Guide - Quiz Guide: Specific Performance
16 Oct 2018
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Contract: - parties have to perform what they promised. Interpretation: - intention should prevail that was meant. There should be a (cid:498)common intention of the parties(cid:499) Interpretation should take place in fairness and reasonableness reasonable person: - contract is interpreted in which a reasonable person would understand it. In case of dispute of interpretation of the contract: Civil law subjective intention (parties point of view) Common law objective intention (just words of contract) fairness + reasonableness: - if a person didn"t know the true value of the good, it is allowed to ask back the good. Parties have to take in account each other interests procedural unfairness: - if party is not able to form its will in a free way. Threat and incapacity = lead to avoidance. If person knows about the intentions of an other one, contract is void. Remedies performance, damages, termination non- performance: - party does not perform.
