BU231 Lecture Notes - Ontario Health Insurance Plan, Exact Sciences, Caveat Emptor

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Published on 16 Oct 2011
School
WLU
Department
Business
Course
BU231
08_Oct25_Interpretation
Q3: What does the contract mean?
INTERPRETATION, CONSTRUING (ch11)
Intro
being able to pick a party when they disagree on the meaning of contract
there are rules in court
deciding who is credible - not an exact science
human memory is kind to us. even unconsciously. often we change history to be something we are more
comfortable with. they will come to actually believe what they are saying even if they once knew it wasn't
true.
some signs that someone is lying can also be true for someone who is just nervous even though they are
not lying
in some cultures people belive that it is a sign of respect not to look you in the eye
we need other methods
Burrito not sandwich example
judge looked at reportive definition (that which is found in the dictionary) of burrito when the two
parties disagreed on definition
decision creates law - in future burrito will not be considered a sandwich
Meaning of a Contract
Plain Meaning
found in dictionary (called reportive definition in reasoning course)
Liberal Approach
what were the two parties thinking when they said it?
looks at phone conversations, emails - what have they said that may give insight into the intended meaning
of the word
Trade Usage
Contra Proferentum
we prefer opinion of the non-draftee since they didn't have a say in the making of the contract
new Consumer Protection Act - always meaning that benefits the consumer
see Fight Looms Over OHIP point, below
Implied Terms
implied terms that weren't written
i.e.: in scenario where you re-order a lot and you don't discuss terms everytime
Sale of Goods Act slide, below
Fight Looms Over OHIP
mcguinty said before getting into office that he would not raise taxes but realized OHIP was broke - so
charged "premiums" from tax-payers
dispute flares over who pays OHIP premium in Union Contract with Nursing Home
clause that management will pay premium back from a long time ago when premium was $3 not $90.
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Document Summary

Burrito not sandwich example judge looked at reportive definition (that which is found in the dictionary) of burrito when the two parties disagreed on definition decision creates law - in future burrito will not be considered a sandwich. Plain meaning found in dictionary (called reportive definition in reasoning course) Liberal approach what were the two parties thinking when they said it? looks at phone conversations, emails - what have they said that may give insight into the intended meaning of the word. Contra proferentum we prefer opinion of the non-draftee since they didn"t have a say in the making of the contract new consumer protection act - always meaning that benefits the consumer see fight looms over ohip point, below. Implied terms implied terms that weren"t written i. e. : in scenario where you re-order a lot and you don"t discuss terms everytime. Sale of goods act for tangible products whether business to business or business to consumer caveat emptor.