interpretation & good faith Flashcards
(6 cards)
1
Q
Hierarchy of Statutory Interpretation
SO JCL
A
- statutory language
- official comments
- judicial opinion
- commentators (legal scholars)
- legislative history
2
Q
Hierarchy of Interpretation Rules – always goes from
A
the most specific, to more broad
3
Q
Hierarchy of Interpretation Rules Ex - Sc (pdt) - simi (gap) - Gen (imp) - GF
A
- express wording (four corner)
- surrounding circumstances
* course of performance. course of dealing , usage of trade - similar contracts (gap fillers)
- general rules on contracts (implied)
- good faith
4
Q
requirement contracts A GF N(o) U B
A
- actual output or requirements as may occur in good faith,
- except not unreasonably disproportionate to any stated estimate or otherwise comparable
- seller and buyer must use their best efforts
5
Q
termination of commercial or employment contracts
A
- must both be in good faith unless..
- at all will employee or
- commercial contract states that the contract can be terminated at any time
6
Q
perfect tender rule
A
A buyer can reject nonconforming goods.
- If the seller reasonably believes the buyer will accept, they may have time to cure. even if time has passed. must notify the seller
- If the seller delivers goods that don’t meet the contract requirements (non-conforming goods) and the deadline for performance (time for performance) hasn’t passed yet, the seller can fix the problem (cure) by delivering the correct goods — as long as the seller notifies the buyer in time (seasonably).