LAW 122 Lecture Notes - Lecture 8: Force Majeure, Statutory Law
26 Mar 2017
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Purpose; recitals: parties, terms & conditions. Words are given their plain and ordinary meeting. Words given ordinary meaning unless result is absurdity. Ambiguities interpreted against person who wrote the clause. A contract may also contain implied terms: express terms may not fully reflect intention of parties, parties" remaining intentions may be implied by law. Statutory law (implied by statute: standard form agreement terms. Signature is proof of assent to terms. Signer bound even if document not read. Signer bound even if terms not understood. Possible exception: if no reasonable chance to read: exclusion clauses; four requirements for enforceability, term must be cleat and unambiguous. Ambiguities interpreted against drafter: reasonable notice to affect party. Heavier onus for unusual or harsh terms: assent by affected party. Signature is best evidence of acceptance of clause: usually not enforced if unconscionable or unfair, standard form ticket contracts. Reasonable notice must occur before contract is created. Heavier burden for unusual or harsh terms.
