COMM 315 Lecture Notes - Lecture 8: Malik, Specific Performance, Punitive Damages
23 Apr 2016
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Interpretation of contracts, common intention seek literal meaning rather than literal meaning of words (art 1425, development of contract (history) 4. illegible clause (art 1426) (cannot be read: abusive (art 1437) (clause that is excessive , nullified clauses (art 1438) ( the contract can still be valid even though some clauses are nullified, words. Multiple meaning words must conform to subject matter of contract( art. In case of doubt / adhesive or consumer ct. In favour of adhering party (art 1432) ie. in case of doubt, the judge will accept in favour of those who accepted and agreed to the conditions, Incidental recognize non expressed associated obligations (art 1434) (ex. You"re hired to mow the lawn, you have to make sure that you don"t harm the property in any way) Must honour obligations failure results in damages (moral and material: performance (art 1590 + 1591) Hold on to other"s property until payment as related to that property (art.
