What is the test for a contract where it appears that a different rule was intended by the parties?
"New York", United States of America
The following excerpt is from Greenberg v. Jerome H. Remick & Co., 129 N.E. 211, 230 N.Y. 70 (N.Y. 1920):
The decision in Martin v. Camp does not extend to a case where it appears, by the express terms of the contract or otherwise, that a different rule was intended by the parties.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a third party enforce a contract if the contract was entered into for the express benefit of the third party? (MultiRegion, United States of America)
What is the test for establishing a binding contract where the parties intended not to be bound until the execution of the contract? (MultiRegion, United States of America)
Does a third party beneficiary have to plead a contract where the beneficiary is not a party to the contract? (MultiRegion, United States of America)
What is the test for a contract where the contract states that the contract does not stipulate that a contingency may occur after the contract has been signed? (MultiRegion, United States of America)
What is the difference between a net fee contract and a gross fee contract? (MultiRegion, United States of America)
Does a party have jurisdiction to bring a supplemental pleading that alleges that a party was involved in a dispute with the other party before the date of filing? (MultiRegion, United States of America)
What is the test for deceit in a contract where the contract states that the contract does not contain an obligation of good faith? (MultiRegion, United States of America)
Does a party who is not a party to a contract have standing to bring a tort claim? (MultiRegion, United States of America)
When a contract provides for arbitration of disputes involving "meaning" or "application" of the contract, is the contract enforceable? (MultiRegion, United States of America)
Does the doctrine of absolute immunity from liability apply to contracts where the contract contains clauses that completely exempt a party from liability? (MultiRegion, United States of America)
