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Is there any general contracts law principle that says the

 
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Is there any general contracts law principle that says the grantor of a license reserves any right that it has not granted to its licensee?

 

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Country relating to Question: United States
State (if USA): Virginia

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Submitted: 289 days and 11 hours ago.
Category: Legal
Value: $28
Status: CLOSED

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Expert:  Attorney Wayne replied289 days and 9 hours ago.

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Hello. Thanks for contacting us. You have hit the nail on the head. A contract only includes what is either defined as including or, if there is no specific language, only covers what is normally included within the market under such contracts.

The first part is easy enough to understand. If Joe agrees to sell Jack a car, the garage would not be included unless otherwise stated in the contract.

But if Joe agrees to sell Jack a car, and there is a tire iron and jack in the trunk, it is customary for the tire iron and jack to be included in the deal. Joe usually can't come back to Joe later and demand his tire iron and jack back because it is not specifically listed in the contract. But if Jack left his wife's engagement ring in the glove compartment, he could demand it back, since engagement rings are not customarily included with the sale of a car and a court would want to see proof that it was supposed to be.

If buying goods, these type of provisions are typically found in the Uniform Commercial Code.

I wish you all the best in resolving your matter.

Expert TypeAttorney
Category: Legal
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Answered: 8/2/2012

Experience: Practicing law since 2000.

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