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SJ Burton and MA Eisenberg, Contract Law: Selected Source Materials Annotated (2011) RE Barnett, The Oxford Introductions to U.S. Law: Contracts (2010). MA Chirelstein, Concepts and Case Analysis in the Law of Contracts (6th edn 2010) EA Farnsworth, Contracts (2008) LL Fuller, MA Eisenberg and MP Gergen Basic Contract Law (9th edn 2013)
The promise must be real and unconditional. This doctrine rarely invalidates contracts; it is a fundamental doctrine in contract law that courts should try to enforce contracts whenever possible. Accordingly, courts will often read implied-in-fact or implied-in-law terms into the contract, placing duties on the promisor.
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Contra proferentem (Latin: "against [the] offeror"), [1] also known as "interpretation against the draftsman", is a doctrine of contractual interpretation providing that, where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording.
Scots contract law is related to Roman Dutch contract law owing to the influence of Dutch and Flemish merchants and scholarship on Scots jurisprudence prior to the Act of Union 1707, and similarly arose through a process of judicial and scholarly development based on Scottish and continental European interpretations of classical Roman contract ...
Nevertheless, in practice, by performing the construction the court can make sweeping changes in the operation of the law. Moreover, courts must also often view a case's statutory context . While cases occasionally focus on a few key words or phrases, judges may occasionally turn to viewing a case in its whole in order to gain deeper understanding.
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The driving examiner explains the test to the driver. In the United States, most Department of Motor Vehicles offices do not provide vehicles for the road test and so the person taking the test must provide their own vehicle. This is useful because the vehicle they use for the test is typically the same vehicle they have used to practice driving.