Tue, 28 Sep 2004 13:46:26 -0400
would be interested in your answers to the following questions:
Can you think of any classic/recurring situations where terms have
been implied into a contract on the basis that such terms were "a
necessary incident" of that particular type of contract?
Are such terms excludable by the parties if they insist that what
they are trying to create is that particular type of contract? For
example, could one say that "I wish to sell" but that "I do not
promise title" or "I promise to insure" but that "I do not promise
to indemnify"? . Would the resultant contract be one of sale/insurance?
thoughts that people had would be welcome.
January Term Director
Assistant Professor of Law
Faculty of Law
University of Western Ontario
(519) 661-2111 x. 88435
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