LAW 122 Lecture Notes - Lecture 7: Ski Lift, Statutory Law, Lift Ticket
5 Jun 2018
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Contractual Terms
Overview
• Terms v Pre-contractual statements
• Contractual terms
o Standard form agreements
o Boilerplate clauses
Pre-Contractual Statements
• Objective test: would a reasonable
person have thought that the
parties meant this to be a term of
the contract?
Contractual Terms
• Legal purpose
o Document title
o Document purpose
o Recitals
• Parties
• Terms and Conditions
o Description of item/equipment
o Price
o Consideration
o Disclosures
o Delivery and risk of loss
o Warranty
o Effective date
o Remedies
o Applicable laws
o Confidentiality
o Force Majeure
Issue with Express Terms
• Literal approach (golden rule)
o Words are given their plain and ordinary meaning
• Contextual approach
o Intentions and surrounding circumstances considered
• Golden rule
o Words given ordinary meaning unless result is absurdity
• Contra Proferntem
o Ambiguities interpreted against person who wrote the clause
Implied Terms
• A contract may also contain implied terms
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Overview: terms v pre-contractual statements, contractual terms, standard form agreements, boilerplate clauses. Contractual terms: legal purpose, document title, document purpose, recitals, parties, terms and conditions, description of item/equipment, price, consideration, disclosures, delivery and risk of loss, warranty, effective date, remedies, applicable laws, confidentiality, force majeure. Implied terms: a contract may also contain implied terms, express terms may not fully reflect intention of parties, parties" remaining intentions may be implied by law, common law (implied by court, statutory law (implied by statute) Standard form agreement terms: standard form agreement = mass produced documents, take it or leave it, mortgage, car rental, waivers. Signed standard form contracts: signature is proof of assent to terms, signer bound even if document not read, signer bound even if terms not understood, possible exception: no reasonable chance to read. Before he could ski, he was badly injured by the handle on a ski lift, which was negligently out of place.
