LAW 122 Lecture Notes - Lecture 9: Contra Proferentem, Arbitration Clause, Meeting Of The Minds
16 Oct 2016
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Document Summary
Contractual term is a provision in an agreement that creates a legally enforceable obligation. It is a promissory statement: it provides a promise of future performance, cannot be false when it is given, nor can a breach of contract occur as soon as such promise if made. Pre-contractual representation is a statement one party makes by words or conduct with the intention of inducing another party to enter into a contract: it does not impose a contractual obligation. Is a false statement of an existing fast that causes a recipient to enter into a contract. Only happens if the speaker claimed to state a fact. If non-contractual statements are false it is a misrepresentation. If a contractual statement is not fulfilled by one of the parties, it becomes a breach of contract. Pre-contractual representations may result in a form of legal liability (actionable misrepresentation) Opinion is the statement of belief or judgment.
