Management and Organizational Studies 2275A/B Lecture Notes - Lecture 3: Condition Precedent, Shrink Wrap, Click Wrap

• School: Western University
• Department: Management and Organizational Studies
• Course: Management and Organizational Studies 2275A/B
• Professor: Cristin Keller

Document Summary

Mos chapter 7: express terms terms of the contract that state or make explicit one party"s pro(cid:373)ise to a(cid:374)other. Though courts will imply terms (cid:271)ased o(cid:374) a (cid:374)u(cid:373)(cid:271)er of grou(cid:374)ds, the (cid:272)ourt"s assista(cid:374)(cid:272)e (cid:272)a(cid:374)(cid:374)ot (cid:271)e relied upon with any certainty. Express terms are things that have been expressly written down or expressly said: implied terms terms that are not expressly included in a contract but that are (cid:374)e(cid:272)essary to gi(cid:448)e effe(cid:272)t to the parties" i(cid:374)te(cid:374)tio(cid:374). A judge (cid:373)ay imply terms in a contract to make the contract workable. Implied term is something that officially was not included but in order to do the contract it had to be done. Courts will say the parties were in best position to understand the contract. If it"s u(cid:374)(cid:272)lear (cid:271)y the perso(cid:374) (cid:449)ho drafted it the(cid:374) the (cid:272)ourts (cid:449)ould go with the other party and not with the drafter. Implied terms: four sources that the court can rely on to imply terms include: