عنوان مقاله [English]
نویسندگان [English]چکیده [English]
Regulators of standard-form contracts try to anticipate all the necessary terms and conditions, which are a set of business customs, in the sample contract form, but these efforts may not convince the parties. They have the right to attach the agreed terms and conditions, which do not exist in the sample form, to the text of the contract, or, if these terms are detailed, as attached clauses to the contract. They may also omit or replace some of the words and phrases in the sample contract. These authorities make it possible for conflicts to arise between the text of the standard-form contract and the supplementary phrases, which sometimes cannot be resolved without removing one of them. Also, if a word or phrase is removed from the standard-form contract, the question arises as to whether the parties simply wanted the deleted phrase not to be part of the agreement or sought a purpose beyond deletion. With the aim of achieving the mutual intention of the parties and by applying various interpretative rules, the judges resolve the conflict by preferring additional phrases and interpret the ambiguities of the remaining text of the standard-form contract by using the deleted words.