LAW 122 Lecture Notes - Lecture 8: Contra Proferentem, Software License, Golden Rule
6 Apr 2016
School
Department
Course
Professor
Document Summary
Contractual term: meant to be included in the contract: if untrue, is a breach of contract, has disinct consequences, if you break terms, you are breaking the contract, concepts in contract must be enforceable. A puf: if untrue, there is no legal consequences. Reasonable people do not rely on pufs: ex. Restaurant preaches it serves the best hamburgers in toronto, and you eat it and decide its not. A reasonable person wouldn"t believe that the restaurant actually did sell the best hamburger and so it"s a puf. Spells out existence of certain facts and the assumpions that"s the paries are relying upon in order to enter the contract. By including this informaion, if any of the facts are false, it is not a pre- contractual representaion becomes a breach of contract: includes legal names, contact informaion etc. When you want to end a contract you are required to give noice (ex. iring an employee)
