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Updated: Aug 6, 2025
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Using Eye Movements Recorded in the Visual World Paradigm to Explore the Online Processing of Spoken Language
Published on: October 13, 2018
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Summary
Contract terms are either express or implied. This distinction is clarified using philosophy of language, where express terms relate to truth-conditional content and implied terms stem from reasoning about commitments.
Area of Science:
- Philosophy of Law
- Contract Law
- Philosophy of Language
Background:
- Contract terms are fundamental to legal agreements.
- The distinction between express and implied terms is often unclear.
- Existing legal scholarship lacks a robust theoretical framework for this distinction.
Purpose of the Study:
- To elucidate the distinction between express and implied contract terms.
- To apply principles from the philosophy of language to contract law.
- To provide a novel theoretical basis for understanding contract term derivation.
Main Methods:
- Philosophical analysis of language and meaning.
- Examination of truth-conditional semantics.
- Logical derivation of implied terms from express terms.
Main Results:
- Express contract terms are defined by their truth-conditional content.
- Implied terms are generated through a reasoning process based on express terms.
- This approach clarifies the nature and origin of both types of terms.
Conclusions:
- The philosophy of language offers a powerful lens for understanding contract law.
- A truth-conditional approach clarifies the nature of express terms.
- Reasoning from express terms provides a basis for identifying implied terms, reflecting parties' commitments.
Keywords:
contract lawcontractual termsexpress termsimplied termsinterpretationphilosophy of private lawMore Related Videos
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