LAW 122 Lecture Notes - Lecture 7: Contra Proferentem

• School: Ryerson University
• Department: Law and Business
• Course: LAW 122
• Professor: Kristin Vickers

Document Summary

Puff - mere sales words - no consequences - buy this pen and you"ll get an a on your next. Representation - statement with intent to induce - induce contract - possible consequences - Term - provision that creates legally enforceable obligation - contractual promises - certain tests ! Buy this pen and it will write in multi colours and last forever ! consequences! innocent misrepresentation! Do not become contractual promises but may be actionable if they falsely induce contract. No carelessness in making statement: negligent misrepresentation ! Statement made in careless disregard of facts! fraudulent misrepresentation! Made with no honest belief in its truth, or! !- literal approach: words are given their plain and ordinary meaning. Contextual approach: intentions and surrounding circumstances considered! Golden rule: words given ordinary meaning unless result is absurdity! Contra proferentem: ambiguities interpreted against person relying on clause! Usage and custom: term re ects standard practice in parties eld"!