LAW 122 Lecture Notes - Lecture 6: Golden Rule, Car Rental, Consumer Protection
24 Dec 2015
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To prove misrepresentation, must prove speaker implicitly claimed to state some: terms fact. Express term is a statement made by one of the parties that a reasonable persons would believe was intended to create a enforceable obligation, voluntarily agreeing to do something in the future, a promise. Literal approach (golden rule: words are given their plain and ordinary meaning. Contra proferemtem: intentions and surrounding circumstances considered, words given ordinary meaning unless result is absurdity, ambiguities interpreted against person relying on clause, ensuring that the meaning is least favorable to the author of the contract. Statutory law (implied by statue: implied by court. Only if gap or omission and only if 1) an obvious consequence of parties agreement, 2) and is required for business efficacy. Will not imply term to make contract more reasonable or better. Will imply only of reasonable, necessary, capable of exact formulation and clearly justified with regard to parties intention.
