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.
Louisiana Conflicts Between Printed Form and Added Terms: A Detailed Description In Louisiana, conflicts between printed form and added terms are a prevalent issue when it comes to contractual agreements. This occurs when the terms printed on a standard form contract conflict with additional terms that parties wish to include. Resolving these conflicts requires understanding the legal framework established by the Louisiana Civil Code and various relevant factors. There are several types of conflicts that can arise between printed form and added terms in Louisiana. One of the primary conflicts is between pre-printed terms in standardized contracts issued by businesses, such as insurance policies, leases, or purchase agreements, and any additional terms proposed by the parties involved. Another type of conflict may arise when parties attempt to modify or amend pre-existing contracts by adding terms that contradict the original terms. To navigate these conflicts, Louisiana follows specific rules and principles determined by both common law and statutory law. The Louisiana Civil Code articles 1949 to 1988 outline the guidelines for analyzing and resolving conflicts between printed and added terms. These articles provide a framework for interpretation and determination of intent regarding the parties' intentions when entering into the contract. The Louisiana Civil Code employs the "last shot" rule to resolve conflicts between printed and added terms. According to this rule, when parties exchange forms containing different terms, the last form transmitted before performance or acceptance usually becomes the contract terms unless expressly rejected by the recipient. This means that the last set of added terms proposed generally prevails over conflicting pre-printed terms. However, even with the "last shot" rule as a starting point, there are exceptions and additional considerations. For instance, the Louisiana courts may consider the parties' course of dealing, trade customs, prior performance, and any other relevant evidence to determine the parties' intent regarding the conflicting terms. Furthermore, certain terms may be deemed "material" or crucial to the agreement, which can influence the court's decision regarding which terms take precedence. It is important for parties entering into contracts in Louisiana to be aware of these conflicts and potential issues. Careful review and negotiation of contract terms can help prevent conflicts between printed forms and added terms. Seeking legal advice before entering into such contracts can also provide valuable guidance on how to address potential conflicts and ensure compliance with Louisiana's legal principles. Overall, conflicts between printed form and added terms in Louisiana require a comprehensive understanding of the applicable laws, principles, and considerations. Parties involved in contractual agreements should approach them diligently, considering the potential conflicts and seeking legal counsel if needed to ensure their interests are protected and the contracts are valid, enforceable, and reflective of their intentions.
