Legal Question in Business Law in Massachusetts

Most contract law allows for defenses based on what happens leading up to or at the time the contract was entered into (misrepresentation, duress, etc). Why is it bad for business if courts consider post-contract events and circumstances?


Asked on 3/08/11, 11:32 am

1 Answer from Attorneys

Andrew Myers Law Offices of Andrew D. Myers

Without any facts it is difficult to answer the hypothetical question in the abstract and so I am not certain I even agree with the premise of the question. For example, if A and B agree that widgets will be provided of a certain quality and at a certain time, then a court will clearly listen to any and all evidence that the widgets were of a different quality and/or were not provided on time. Finally, I am not certain if what is "good" for business or what is "bad" for business is the legal standard, so much as enforcing the reasonable expectations of the parties who voluntarily and mutually agree to a contract. The underlying policy considerations in the law here are certainty and predictability.

Perhaps if you post a few facts one of the good Lawgurus will be able to post a more pertinent answer.

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Answered on 3/08/11, 4:46 pm


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