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Lesson 7: Contract Interpretation and Discharge Chapter 12 and 13 P.…
Lesson 7:
Contract Interpretation and Discharge
Chapter 12 and 13
P. 273 - 295
"What did we agree to?"
Husband and Wife Seperation
NC parents can see child at reasonable times
C parent will confer NC parent about important decisions
"reaasonable"
"important"
who may maintain action?
Parole Evidence Rule
Written document intended to be entire contract
no evidence outside can modify
does not apply to
collateral contracts
implied terms
not in contract
but court will read into and enforce as if they are terms
applied as per:
reasonable expecations of parties
custom in industry
provisions contained in statues
Insurance Act of Ontario deems certain provisions into homeowner's insurance policy
implied: you will not be insured if you burn your property
Sale of Goods Act
certain provisions mandatory
implied even if not written
language not clear, requires interpretation
leery if leads to injustice
tool for one party to dupe another
rule rarely used to exclude evidence
Privity of Contract
Only those who are parties to a contract can sue under it
Discharge of Contracts
due to
Agreement
Performance
Frustration
Frustration of law
cannot be self-induced
unforeseen circumstances
prevent achievement
render performance illegal
practically impossible
Operation of law in good detail