This lease rider form may be used when you are involved in a lease transaction, and in the event of a conflict or inconsistency between the printed terms of this Lease and added terms of the Lease, the added terms shall control and be deemed to supersede the printed terms of the Lease.
Florida Conflicts Between Printed Form and Added Terms — An In-depth Analysis In Florida contract law, conflicts often arise between the printed form and added terms within an agreement. This can lead to disputes and legal complications when parties involved have not clearly defined the hierarchy and enforceability of these conflicting terms. To gain a better understanding of this legal concept, let's explore the various types and aspects of Florida conflicts between printed form and added terms. 1. Definition: Florida conflicts between printed form and added terms refer to disagreements and contradictions that arise when the preprinted, standardized terms in a contract clash with additional terms added by one or both parties. These conflicts typically occur when parties attempt to modify or supplement the standard terms but fail to prioritize or harmonize the changes adequately. 2. Types: a. Minor Additions: In some cases, parties may include minor additions or modifications to the pre-printed form. These changes may involve non-substantive adjustments like typographical errors, spelling corrections, or minor clarifications, which are unlikely to cause significant disputes. b. Major Additions: When parties add substantial terms that affect the primary obligations, rights, or legal consequences established by the printed form, conflicts become more pronounced. Major additions can significantly impact the balance of the agreement and often lead to disagreements between the parties. c. Conflicting Terms: Conflicts can arise when the added terms directly contradict the pre-printed form or other added terms. These conflicts can be challenging to resolve, requiring careful analysis of each provision's intent, language, and possible legal consequences. 3. Rules for Resolving Conflicts: To determine the enforceability and supremacy of conflicting terms, Florida courts apply specific rules, including: a. Express Priority Provision: If the contract explicitly specifies the hierarchy of terms by including a priority provision, it governs the resolution of the conflict. Parties can determine which terms prevail over others and establish the order of precedence. b. Course of Performance: When there is no express priority provision, courts may examine the course of performance between the parties. If one party consistently adhered to a particular term, it may prevail in conflicts, indicating mutual acceptance and agreement. c. Industry Standards: Industry practices or customs can influence the resolution of conflicts. Courts may consider industry-specific customs to determine the definitive intent of the parties and resolve contradictions in favor of prevailing practices. d. Reasonable and Consistent Interpretation: If none of the above rules sufficiently address the conflict, courts may apply the rule of reasonable and consistent interpretation. Here, they aim to harmonize conflicting terms and provide a fair resolution that preserves the overall intent of the contract. In conclusion, Florida conflicts between printed form and added terms can present significant challenges in contract law. Parties must carefully consider the hierarchy and enforceability of added terms to avoid disputes and ensure that their intentions are accurately reflected in the final contract. By understanding the different types and rules associated with these conflicts, stakeholders can navigate potential disagreements and negotiate contracts with clarity and precision.
