Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

gap filling

Read a random definition: ejection

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
13:56
went complete at penn a month ago with still no UR
jackfrost11770
13:56
How was that too ambitious of a thought
jackfrost11770
13:57
March at the very least atp
13:57
@llama: thank you!!! 44 apps thats crazy dude
Trismegistus
13:57
jack me too buddy
lilypadfrog
13:57
@info-man: I applied like a week before you and just went UR a couple days ago you’ll get there in a minute
13:57
I'm actually never gonna hear from BU
13:57
definitely not ambitious at all. this cycle's turning out to be as slow as the last one probably due to high app volume
13:57
@lilypadfrog: okay cool good to know
13:58
i really think they should push back seat deposits to june
13:58
its unfair
jackfrost11770
13:58
Recent boo I applied to BU in Oct
13:59
I've been complete since mid Sept:(
13:59
If I knew I would still be waiting in January I probably wouldn't have applied so early
jackfrost11770
14:00
Me neither
jackfrost11770
14:00
Someone applied to nyu in December and got today
jackfrost11770
14:00
I mgoikg to lose my fucking mind
14:01
re seat deposit: does any1 know if u can request to delay 1st seat deposit? some school are really early it seems
[] starfishies
14:02
if they delayed decisions we should be able to delay deposits... but we do not live a perfect world so i doubt it
lilypadfrog
14:03
yeah you can request an extension. usually it’s like a week though
14:03
i need tips for not falling asleep at work
drugs
14:03
can we talk about something interesting like i dont know drugs sex death
ReminiscentZestyFish
14:04
Everyone admitted to penn looks like above medians
14:04
time to harass glove on linkedin
lilypadfrog
14:06
that’s a good way to stay awake. tell him to come back here
14:08
lily i broke a rubber band already
14:08
le sigh
lilypadfrog
14:08
damn you get vicious with it. just pinch yourself or something
lilypadfrog
14:09
don’t break your finger
LSD+ is ad-free, with DMs, discounts, case briefs & more.