Legal Question in Civil Litigation in California
I'm looking for a legal term such as "de jure" or "de facto" as examples, or a point of law that infers beyond question that, in an agreement or contract, say, existing law is also implied and is part of the agreement/contract whether mentioned on the document or not. Am hoping there is one. And, thank you.
Al in So Cal
1 Answer from Attorneys
Dear So Cal Al,
Existing law is always an implied term of any contract whether you throw in some Latin mumbo jumbo or not. Sometimes there is a choice of law and/or forum selection clause, for example, "This agreement shall be interpreted under the laws of Guam; and any disputes arising thereunder shall be litigated in the county courts of Fargo, North Dakota."
Sometimes it is cheaper in the long run, in fact for anything important it is nearly always cheaper, to hire a lawyer to draft your contract.
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