Quote:
Originally Posted by Penny Flame
If there is no "end" date, like expiration, does that mean that the contract goes on forever? because it doesn't say "this contract lasts forever....."
any input greatly appreciated.
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Some things to consider:
1) Was the omission of a termination provision a mistake? If it was a mutual mistake, courts will try to determine intent through other evidence (e.g., documentation exchanged during the negotiations). Keep in mind that in general, agreements are normally construed against the drafter in the event of unilateral mistakes or ambiguity.
2) Was there an oral agreement with respect to term/termination? Though certain oral agreements aren't enforceable (e.g., certain loans or real property transfers), one could argue that the term and termination was set by an oral agreement between the parties. This gets more complicated if the agreement explicitly states that it is the entire agreement between the parties and the agreemet cannot be supplemented by oral agreements.
My 2 cents...