In interpreting a contract that has both typed and pre-printed (form) terms that conflict, courts commonly give priority to:
Giải thích
Civil Code §1651 provides that where a contract is partly written and partly printed, the written parts control the printed parts where the two are inconsistent, and §1650 subordinates particular clauses to the contract's general intent. The reasoning is evidentiary: the parties negotiated the typed line, they merely inherited the boilerplate. (a) reverses the rule. (d) hands the tie to the drafter, which is backwards twice over — Civil Code §1654 resolves genuine ambiguity AGAINST the party who caused it to exist. (b) treats an internal conflict as fatal, but §1641 requires the whole of a contract to be read together so as to give effect to every part rather than to void it.
Trích dẫn luật: Civil Code §1641, §1650, §1651, §1654Luyện miễn phí toàn bộ 1632 câu hỏi — không cần đăng ký.
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Câu hỏi liên quan cùng chủ đề
- 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:
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