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Flashcards in The Duty to Read and To Disclose Deck (3)
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1
Q

What is the rule for Duty to Read?

A

A person who signs a contract has a duty to read and understand it, β€œin absence of fraud, one who signs a written agreement is bound by the terms whether he read and understood it or not, and whether he can read or not.”

2
Q

What happens if a party drafts a difficult to read and understand contract?

A

Courts will deny enforcement against a party who drafts a contract that is difficult to understand or uses vague terms, to the effect that the person reading it does not understand what they are about to sign.

3
Q

What is a forum selection clause?

A

Provision defining what jurisdiction an action can be brought if suit is brought against a certain company or person.