California, United States of America
The following excerpt is from Roth v. Malson, 67 Cal.App.4th 552, 79 Cal.Rptr.2d 226 (Cal. App. 1998):
As there are no special rules restricted to real estate contracts or to standard form agreements, the disposition of this matter is controlled by general principles of contract law. The majority accurately summarizes the applicable principles and I have no quarrel with their explication of them. Their opinion falters not in misstating the general principles but in failing to apply them to the standard form agreement before us. Their bright line standard, adopted from Krasley v. Superior Court, supra, 101 Cal.App.3d 425, 161 Cal.Rptr. 629, is enticing--judicial decision making becomes a simple matter of inspecting boxes on standard forms--but runs counter to the reasonable expectation of the parties, an overarching standard which heretofore has governed our decision making in this area.
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