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.
Virginia Conflicts Between Printed Form and Added Terms refers to a legal concept that occurs when a contract contains conflicting terms between a preprinted or standardized form and additional terms added by one of the parties. It is essential to understand the nuances of this topic to ensure clarity and accuracy in contractual agreements. The following provides an in-depth description of Virginia Conflicts Between Printed Form and Added Terms and explores various types of conflicts that may arise: 1. Definition: Virginia Conflicts Between Printed Form and Added Terms pertains to situations where a contract consists of both printed form terms and additional terms that conflict with each other. These conflicts commonly arise in contracts where a pre-existing form is used as a template, such as purchase agreements, employment contracts, or lease agreements. 2. Types of Conflicts: a. Inconsistent Terms: Inconsistent terms occur when the added terms contradict or conflict with the preprinted form terms. For instance, if a purchase agreement specifies a warranty period of six months in the printed form but includes a clause in the added terms that extends the warranty to twelve months, a conflict arises. b. Vague or Ambiguous Terms: Conflicts may also arise when the added terms are vague or ambiguous, making it challenging to discern the parties' intentions. Ambiguity can lead to disagreements regarding the interpretation of contractual obligations, potentially resulting in disputes. c. Additional Provisions: Sometimes, parties may add entirely new provisions not covered by the printed form contract, leading to conflicts between the added terms and the existing form. These additional provisions can include clauses related to payment terms, delivery schedules, dispute resolution mechanisms, or any other terms specific to the parties' agreement. d. Contrary Intention: A conflict may arise when the added terms indicate a contrary intention to the preprinted form terms. In such cases, determining which terms should prevail becomes crucial and often requires a careful analysis of the parties' intent, the nature of the transaction, and applicable legal principles. 3. Resolving Conflicts: Virginia courts adhere to established legal principles for resolving conflicts between printed form and added terms. One commonly used approach is known as the "last-shot" rule, where the last party to submit a written form prevails in resolving conflicting terms. However, Virginia courts may also consider factors such as course of dealing, trade usage, and surrounding circumstances to interpret the parties' intent when resolving these conflicts. Additionally, if the added terms are considered material alterations that significantly modify the contract's terms, they may be rejected entirely unless mutually agreed upon by all parties involved. In conclusion, Virginia Conflicts Between Printed Form and Added Terms occur when contractual agreements contain conflicting terms between preprinted or standardized forms and additional terms added by one or more parties. Multiple types of conflicts can arise, such as inconsistent terms, ambiguous provisions, additional clauses, or contrary intentions. Resolving these conflicts entails considering the last-shot rule, course of dealing, trade usage, and surrounding circumstances. Understanding these principles is vital for drafting contracts and ensuring their enforceability in Virginia.
