contracts unit 9
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Last updated 7:20 PM on 4/2/26
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7 Terms
1
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An express contractual term generally comes from
The parties’ words in writing
2
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An implied contractual term generally comes from
Either the circumstances or legal default rules
3
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The common law allows courts to fill
Small gaps
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If a big gap involves a crucial issue, the common law says that
No contract was formed
5
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The implied duty of good faith is different from other implied terms in that
Parties cannot waive it
6
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A condition is
Either an event that triggers the duty to perform or an event that releases a party from performing
7
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Implied or constructive conditions arise from
The context
