Dealing with lacunae in the contract
3 important questions on Dealing with lacunae in the contract
What happens if parties disagree over a point in the contract and no means of interpretation can solve it?
The contract is void.
Why would courts try to find the answer to a certain gap-related problem through the interpretation of the whole instrument and its provisions?
Because the rules of supplementary law do not always provide an adequate solution to the specific case at hand.
Why does a duty of care exist?
In order to contemplate the special potential of interference: parties grant each other grant each other special access allowing them to interfere with the legal goods and interests of the other that goes beyond the actual contractual performance and that cannot reasonably be provided for in the ctt in advance.
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