Implied-in-fact Terms
Judges will often infer terms into the contract that the parties did not explicitly cite. For instance, in the "satisfaction clause" case, judges might infer that the parties intended a "reasonableness test" - that the clause could be satisfied if a reasonable person would be satisfied by the promisee's performance, regardless of whether the promisor himself asserts he is satisfied. (This interpretation is often used in cases in which a performance can be objectively evaluated, such as with the construction of a warehouse; the implied-in-law interpretation above is preferred where satisfaction is more subjective, as with the painting of a portrait.)
Read more about this topic: Illusory Promise
Famous quotes containing the word terms:
“It is not [the toddler’s] job yet to consider other people’s feelings, he has to come to terms with his own first. If he hits you and you hit him back to “show him what it feels like,” you will have given a lesson he is not ready to learn. He will wail as if hitting was a totally new idea to him. He makes no connections between what he did to you and what you then did to him; between your feelings and his own.”
—Penelope Leach (20th century)