LAW 122 Lecture Notes - Lecture 7: Legal English, Inequality Of Bargaining Power, Car Rental
23 Aug 2016
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Document Summary
Representation with intent to induce: induce contract possible consequences. Term (provision that creates legally enforceable obligation) : contractual promise certain consequences. But may be actionable if they falsely induce a contract (accountable if mis- representation) Made with no honest belief in it"s truth, or. Promise of future performance (i. e. i will mow your lawn) Actionable breach if not fulfilled (if i don"t, you can sue me. ) Literal approach: words are given their plain and ordinary meaning (i. e. the university reserves the right to adjust fees by up to 5% without notice) Contextual approach: intentions and surround circumstances considered (i. e. the university reserves the right to adjust fees without notice) Golden rule: words given ordinary meaning unless result in absurdity. Contra proferentem: ambiguities interpreted against person relying on clause. Parties" remaining intentions may be implied by court and or statute. Implied (insterded) only when necessary to parties" intentions. Business efficacy test: term require for contract to make commercial sense.
