CONTRACT FORMATION AND IMPLIED TERMS

4400 Implied Terms and Interpretation in Contract Law

This chapter examines the economic arguments for textualism and contextualism, the two primary methodologies used by courts to determine the intentions of contracting parties with respect to their performance obligations. Textualism, which is rooted in the idea of complete contracting, calls for a more restrictive approach to implied terms and interpretation than contextualism, which is rooted ...

Implied Contract and the Law of Literary Property

The Effect of Relationship Lending on Loan Contract Terms

This paper investigates the effect of relationship-lending on loan contract terms, especially on the interest rate, loan value, and collateral requirements. For this purpose, data on 4850 loans granted by a bank in 2016 is employed. Our estimations show a negative and significant relationship between the interest rate and quality and quantity of borrower-lender relationship. Furthermore, there ...

Custom dairy heifer grower industry characteristics and contract terms.

This study examines a national survey of professional custom heifer growers. Sixty-five respondents from 23 states provided information on operation size and characteristics, management practices, and contract terms. Responding operation current heifer inventories ranged from 30 to 20,000 heifers and the average operation had more than 1200 heifers on-farm. The regional pattern of operation siz...

electronic contract formation and consumer protection

although electronic contract consists of offer and acceptance, its specific characteristics and the fact that parties to it state their intention in a virtual world i.e. cyber-space, and specially given consumer's need of enough protection in this environment, new rules have been included in laws concerning this kind of contract which seek to make sure that consumer has been well informed ...