LAWG 100D1 Lecture Notes - Lecture 19: Contra Proferentem, Recap (Software), David Macbrayne
23 Jan 2018
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The content of the contract: formation, some can be accepted just by saying yes, battle of the forms -- how identical do they need to be, formalities. Now, what is the content of the contract we want to enforce: we know the parties have entered into a contractual agreement, but we aren"t sure what the content is. Remember: contract as a juridicial construct that translates human behaviour into the normative language of the law of obligations, contract as athing- as a physical object. Terms vs. representations: terms = promise, representation. The reasonable observer decides if it was a term or a representation. If parties have reduced there terms to a written document, the rule stipulates that you can"t consider oral communication outside the contract: but consumer protection legislation in common law jurisdictions. Any contract that is not a contract of adhesion is a contract by mutual agreement: safeguards: there are provisions in the code that protect consumers.
