Management and Organizational Studies 2275A/B Chapter Notes - Chapter 7: Click Wrap, Can Bus, Shrink Wrap

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

Document Summary

The content of a contract: express terms terms of the contract that state or make explicit one party"s promise to another, express terms have more certainty. Though courts will imply terms based on a number of grounds, the court"s assistance cannot be relied upon with any certainty: vague or ambiguous language, rules of construction - guiding principles for interpreting or. If the contract has been drafted by one of the parties, any ambiguity in language will be construed against that party in favour of the other: at which language is so ambiguous that the contract cannot be understood. In such cases, the contract will fail for uncertainty, and none of the promises it contains will be enforceable. Implied terms terms that are not expressly included in a contract but that are necessary to give effect to the parties" intention. Such an approach raises the issue of what the default standard for contractual behaviour is or should be.