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The Restatements of the Law is one of the most respected and well-used sources of secondary authority, covering nearly every area of common law. While considered secondary authority (compare to primary authority), the authoritativeness of the Restatements of the Law is evidenced by their acceptance by courts throughout the United States.
Conditions are major provision terms that go to the very root of a contract breach of which means there has been substantial failure to perform a basic element in the agreement. Breach of a condition will entitle the innocent party to terminate the contract. [ 3 ]
Where the terms of the contract are ambiguous or susceptible to more than one meaning, evidence of surrounding circumstances and context may be admissible to assist in its interpretation. [95] The High Court has recently reiterated the Codelfa ruling regarding the use of existence evidence in the interpretation of contacts. [ 117 ]
In trust law, "terms" generally refers to the Terms of the Trust, meaning the explicit written intention of the Grantor of a Trust. Terms are limited to provisions expressed in a way that makes them like proof in court. [2] Terms of a Trust are most clear when they are explicit within the four corners of the Trust Instrument.
Incorporation of terms in English law is the inclusion of terms in contracts formed under English law in such a way that the courts recognise them as valid. For a term to be considered incorporated it must fulfil three requirements. Firstly, notice of the terms should be given before or during the agreement of the contract.
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Among the terms and conditions of 31 cloud-computing services in January-July 2010, operating in England: [6] 27 specified the law to be used (a US state or other country) most specify that consumers can claim against the company only in a particular city in that jurisdiction, though often the company can claim against the consumer anywhere