LAWG 100D2 Lecture Notes - Lecture 19: Software Industry, Liability Waiver, David Macbrayne
23 Jan 2018
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Document Summary
1st step: we have to determine which terms contained in the written document form part of the juridical construct contract". Contract as a juridical construct that translates human behaviour into the normative language of the law of obligations. Contract as a thing" as a physical object. Class 19 - incorporation of terms; discrepancies between written and oral agreement: distinction between terms and mere representation according to a reasonable observer. There are also rules that supplement the actual terms. Parole evidence rule only in cml, doesn"t exist in cvl. Cvl law acknowledges contracts of adhesion in the code, protection under 1435 (dell), 1436, 1437. If it"s singed, regardless whether you read it or not, it"s binding. Unsigned document: the typical issue of exclusion or restriction of liability: unsigned: if the recipient knows that there are conditions and that they are supposed to be part of the contract, assent can be established.
