Identify and Briefly Explain the Circumstances in Which a Court

question 16

Essay

Identify and briefly explain the circumstances in which a court will imply a term where that term is alleged to have not been addressed in the contract as an express term.Identify and briefly describe the classic courtroom scenario that would be presented to a judge hearing such a case.Provide a brief explanation as to which party in the suit would bear the burden of proof.

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Definitions:

Endoscopic Retrograde Cholangiopancreatography

A medical procedure that combines the use of endoscopy and fluoroscopy to diagnose and treat conditions related to the bile ducts, pancreatic duct, and gallbladder.

Lower Esophageal Sphincter

A muscular ring at the lower end of the esophagus that controls the flow of food from the esophagus into the stomach.

Alimentary Canal

The digestive tube extending from the mouth to the anus, through which food is ingested, digested, absorbed, and waste material expelled.

Amylase

An enzyme that catalyzes the hydrolysis of starch into sugars, found in the saliva and pancreatic fluid of humans.