In the context of unsigned standard form contracts, what do courts consider?

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In the context of unsigned standard form contracts, courts consider additional matters beyond just the contract wording because they seek to understand the full context and intent behind the agreement. This includes examining factors such as the circumstances under which the contract was presented, the practices within the relevant industry, and any applicable laws or regulations. The courts recognize that standard form contracts often have inherent assumptions and common understandings associated with them, which can influence how the terms are interpreted and enforced.

By looking at broader issues, such as the historical dealings between the parties and the nature of the transaction, courts aim to ensure fairness and to reflect the true intention of the parties involved, even when a signature is absent. This holistic approach helps to uphold principles of justice and provides a more equitable resolution in disputes arising from unsigned agreements.

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