Contracts & ExecutionQuestion 859 of 1605
In interpreting a contract that has both typed and pre-printed (form) terms that conflict, courts commonly give priority to:
a.Neither term, voiding the contract
b.Whichever term is longer
c.The specifically typed or handwritten terms, as they better reflect the parties' actual intent
d.The pre-printed form language
Explanation
When negotiated typed or handwritten terms conflict with standardized pre-printed form language, courts generally give effect to the specific typed or handwritten provisions, reasoning that terms the parties deliberately wrote in reflect their actual intent more reliably than boilerplate. A conflict between specific and general terms is resolved in favor of the specific. The conflict does not void the contract or turn on which clause is longer.
Practice all 1605 questions free — no signup required.
Related questions on this topic
- A homeowner tells a contractor, 'I'll pay you $1,000 if and when you finish removing the fallen tree,' and the contractor completes the removal. This is an example of acceptance of:
- A contract term is 'ambiguous' when:
- Under the rule of 'contra proferentem,' an ambiguous contract term is generally construed:
- A 'voidable' contract differs from a 'void' contract in that a voidable contract:
- A contractor signs a contract only after the owner threatens physical harm unless the contractor signs. The contract is most likely:
- 'Undue influence' as a ground to rescind a contract typically involves:
Last reviewed: · editorial process
Sen Lin, PrepPass Founder · Verified against California CSLB Contractor License Law & Business Exam · How we review
Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)