COMM 315 Chapter Notes - Chapter 8: Jacuzzi, Whistleblower, Willful Blindness
Document Summary
Article 1425: the common intentions of the parties rather than the adherence to the literal meaning of the words (if it"s unclear) Article 1426: past practices are taken into account. Article 1427: words with more than one meaning are interpreted by looking at the context of the paragraph. Article 1431: if you"re too general, you"re allowed to restrict the common intention. Article 1432: in case of doubt the contract is interpreted in favour of the party who stipulated the agreement. Default on a contract means that the person did not respect their contractual obligation. The price is usually how much money you lost because the contract was not respected. Difficult to assess because you cannot predict the future. When you make your calculations you have to prove that there is an element of certainty. Punitive damages punish the person so that they don"t do that again (refers back to article. Does the person have enough money to pay.