Management and Organizational Studies 2275A/B Chapter Notes - Chapter 7: Institute For Operations Research And The Management Sciences, Condition Subsequent, Condition Precedent
22 Sep 2013
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Terms: promises made by one party to another by virtue of offer or acceptance. The court will assign a reasonable a meaning as possible to vague terms. If one of the parties drafted the contract, ambiguity will be construed against that party. It is difficult to predict how a court will interpret the language because the rules of constructionism (guiding principles for interpreting the terms of a contract) are often conflicting. Courts are supposed to rely on the plain meaning of the words that have been chosen. But also must consider the parties" intentions. The burden of proof lies on the plaintiff, and she will lose unless she can demonstrate the term exist based on the balance of probabilities. A judge is entitled to imply terms necessary to make the contract workable. Courts are increasingly willing to imply this doctrine in various cases.
