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.
Missouri Conflicts Between Printed Form and Added Terms: Understanding the Legal Implications Introduction: In the realm of contractual agreements, conflicts can often arise between printed forms and added terms. This is particularly true in the state of Missouri, where specific laws govern how such conflicts are handled. This article aims to provide a detailed description of conflicts between printed form and added terms while delving into the different types of conflicts that can arise in Missouri's legal landscape. Key Terms: 1. Conflicts: Any disagreements or inconsistencies that arise between the preprinted and added terms of a contract. 2. Printed Form: Standardized, preprinted language typically used in contracts to ensure uniformity and efficiency. 3. Added Terms: Additional provisions or conditions included after the printing of a contract to address specific needs or circumstances. Types of Conflicts Between Printed Form and Added Terms in Missouri: 1. Express Conflicts: Occur when the added terms explicitly contradict the provisions stated in the printed form. This conflict can manifest as contradictory clauses, obligations, or terms. 2. Implied Conflicts: Arise when the added terms conflict with the "spirit" or intent of the printed form, even if there is no explicit contradiction. Implied conflicts often require a more comprehensive analysis and examination of the contract as a whole. 3. Priority Conflicts: Can occur when both the printed form and added terms are valid but conflict in priority or hierarchical order. Here, determining which terms take precedence can become crucial to understanding the binding nature of the agreement. Missouri's Approach to Conflicts Between Printed Form and Added Terms: In Missouri, conflicts between printed form and added terms are typically resolved through a careful examination of the contract as a whole, applying certain legal principles. The state follows a two-step analysis, focusing on the following considerations: 1. Determining the Governing Rules: Missouri courts follow the Uniform Commercial Code (UCC) and the Restatement (Second) of Contracts to guide their analysis of conflicts between printed form and added terms. 2. Applying the Knock-Out Rule: Missouri adopts the Knock-Out rule as a default approach. Under this rule, conflicting terms between the printed form and added terms are disregarded entirely, leaving a gap for the courts to fill with default provisions from the governing rule. Exceptions and Minority Approaches: It's important to note that Missouri's approach is not absolute in every case. Some exceptions may arise depending on the nature and specifics of the conflict. In certain situations, Missouri courts may enforce a specific provision from either the printed form or added terms if it is deemed more reasonable or aligned with the intended purpose of the contract. Conclusion: Navigating conflicts between printed form and added terms is a vital aspect of contract law in Missouri. Understanding the various types of conflicts that can occur and the state's approach in resolving them is crucial for individuals and businesses entering into contractual agreements. With careful consideration and legal guidance, parties can mitigate potential disputes and ensure a smoother contractual process.
