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:
“Talleyrand said that two things are essential in life: to give good dinners and to keep on fair terms with women. As the years pass and fires cool, it can become unimportant to stay always on fair terms either with women or one’s fellows, but a wide and sensitive appreciation of fine flavours can still abide with us, to warm our hearts.”
—M.F.K. Fisher (b. 1908)