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

Contract Management, September 2009, pp. 24–35, National Contract Management Association (NCMA)

Posted: 19 Aug 2015

See all articles by Helena Haapio

Helena Haapio

Lexpert Ltd; University of Lapland - Faculty of Law; University of Vaasa, School of Accounting and Finance, Business Law; Tampere University - Faculty of Information Technology and Communication Sciences; JARGONFREE Research Group

Date Written: September 1, 2009

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.

Suggested Citation

Haapio, Helena, Invisible Terms & Creative Silence: What You Don't See Can Help or Hurt You (September 1, 2009). Contract Management, September 2009, pp. 24–35, National Contract Management Association (NCMA), Available at SSRN: https://ssrn.com/abstract=2627129

Helena Haapio (Contact Author)

Lexpert Ltd ( email )

Ritarikatu 7 A 2
Helsinki, FI-00170
Finland

HOME PAGE: http://www.lexpert.com

University of Lapland - Faculty of Law ( email )

Yliopistonkatu 8
Rovaniemi, 96300
Finland

University of Vaasa, School of Accounting and Finance, Business Law ( email )

P.O. Box 700
Wolffintie 34
Vaasa, FI-65101
Finland

Tampere University - Faculty of Information Technology and Communication Sciences ( email )

Tampere
Finland

JARGONFREE Research Group ( email )

HOME PAGE: http://www.jargonfree.fi

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