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Defenses to a Contract
Parties might interpret the same thing differently. Let's say in a contract it states rent must be paid within ten days... One party might think standard days and the other might think business days.
If the landlord suddenly gets mad and takes the tenant to court, and during testimony brings up that the tenant also has been paying rent late (10 business days). The tenant can declare that this has never been an issue before and was led to believe differently.
So, in other words, the court will look at prior dealings, and also what is common to that specific industry. This is common because sometimes when writing a contract, things done in the past are so common that they are forgotten to be put in or made clear in the contract. So because of this the courts will allow evidence to how the parties have acted in the past.
- Defenses to a Contract
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