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Simple English definitions for legal terms

gap filling

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A quick definition of gap filling:

Gap filling is when a contract doesn't have all the information needed to be carried out, so a court has to figure out what the missing parts should be. The court looks at what the parties probably meant when they made the contract and uses rules to fill in the gaps. These rules are found in the Uniform Commercial Code and help the court decide what the parties would have agreed to if they had thought about it. The court looks at things like what the contract says, how the parties have acted before, and what is normal in the industry.

A more thorough explanation:

Gap filling is the process of adding missing terms to a contract when the contract does not specify all the necessary details for the contract to be carried out. Courts use gap filling rules to do this. The rules are based on the assumption that parties who create a contract intend to agree to any conditions that make the contract possible.

If possible, the court will interpret the contract in a way that does not leave any gaps. However, if there are missing provisions, the court can still find that a contract exists and apply gap filling rules. These rules are found in Article 2 of the Uniform Commercial Code (UCC) and focus on determining the parties' intentions at the time they entered the contract.

To determine the parties' intentions, courts look at the contract itself, prior dealings between the parties, trade usage, and prior performance, among other factors.

Suppose a company agrees to purchase goods from a supplier but does not specify the delivery date. The court can use gap filling rules to determine a reasonable delivery date based on the parties' prior dealings, trade usage, and other relevant factors.

Another example is when a contract does not specify the price of goods or services. The court can use gap filling rules to determine a reasonable price based on the parties' prior dealings, trade usage, and other relevant factors.

These examples illustrate how gap filling works in practice. When a contract is missing important details, the court can use gap filling rules to fill in the gaps and ensure that the contract can be carried out.

gambling | garageman's lien

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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