Implied terms and interpretation of contracts.pptx - Implied Terms and Interpretation of Contracts Corresponding Reading \u2022 Burrows 4.3 and 5.1 \u2022

Implied terms and interpretation of contracts.pptx -...

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Implied Terms and Interpretation of Contracts
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Corresponding Reading Burrows 4.3 and 5.1 McKendrick 9.6 and 9.8
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Drafting Problems No contract: Core terms (price, parties, property) are agreed upon – see Uncertainty lecture Gap-filling : Implied terms (implication) – adding missing non-core terms (formulated by barrister) Equitable Life Assurance v. Hyman – restriction on powers of directors not contained in express terms of contract, so not interpretation issue. Could try to imply such a restriction Choosing meaning of Express terms : Interpretation Disambiguation - Elucidating and Stretching Words Correction - Amending Words/Moving them Around/Changing Dates, Descriptions etc
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Interpretation or Implication?Dog groomer’s contract refers to “small dogs”. Does this include spaniels? Articles for association for a company says nothing about how directors can be removed. Can they keep their positions indefinitely, even if they no longer hold shares? (
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1. IMPLYING (ADDING) TERMS
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