Date: Tue, 28 Sep 2004 13:46:26 -0400

From: Jason Neyers

Subject: Contract Query

Dear Colleagues:

I would be interested in your answers to the following questions:

1) Can you think of any classic/recurring situations where terms have been implied into a contract on the basis that such terms were "a necessary incident" of that particular type of contract?

2) Are such terms excludable by the parties if they insist that what they are trying to create is that particular type of contract? For example, could one say that "I wish to sell" but that "I do not promise title" or "I promise to insure" but that "I do not promise to indemnify"? . Would the resultant contract be one of sale/insurance?

Any thoughts that people had would be welcome.

--
Jason Neyers
January Term Director
Assistant Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

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