LAW|civil law · TRADE · TRADE|trade policy|public contract
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- terms of a contract | contract terms
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- Definition legally binding provisions, express or implied, of a contract Reference "COM-EN, based on:Study Group on a European Civil Code & Research Group on EC Private Law. Principles, Definitions and Model Rules of European Private Law; Draft Common Frame of Reference (DCFR), Outline Edition. von Bar, C., Clive, E., Schulte-Nölke, H. et al. (ed.). Sellier, Munich, 2009. http://ec.europa.eu/justice/policies/civil/docs/dcfr_outline_edition_en.pdf [7.3.2011]"
- Comment II. – 9:101: Terms of a contract(1) The terms of a contract may be derived from the express or tacit agreement of the parties, from rules of law or from practices established between the parties or usages.(2) Where it is necessary to provide for a matter which the parties have not foreseen or provided for, a court may imply an additional term, having regard in particular to:(a) the nature and purpose of the contract;(b) the circumstances in which the contract was concluded; and(c) the requirements of good faith and fair dealing.(3) Any term implied under paragraph (2) should, where possible, be suchas to give effect to what the parties, had they provided for the matter, would probably have agreed.(4) Paragraph (2) does not apply if the parties have deliberately left a matter unprovided for, accepting the consequences of so doing.