Invisible Terms & Creative Silence: What You Don't See Can Help or Hurt You

Abstract

The visible, explicit terms of contracts are important, and one should always take the time to read them carefully. This is especially important for contracts in which goods or services cross borders.

As such, confusing or ambiguous meanings in the explicit terms of a contract present obvious legal risks. To compound those risks, too often we neglect the invisible terms that exist in business contracts: provisions that do not appear but nonetheless have an impact. Parties should recognize mandatory requirements that are implied into contracts, and understand the effects of silence in agreements. Doing so can prevent problems and unpleasant surprises.