The 1st, 2nd & 4th Amendments Don’t Actually Mean Exactly What The Words Say

The freedoms of religion, speech, the press, and owning guns are all subject to regulation when there is a compelling state interest.

By David Grace (www,DavidGraceAuthor.com)

Contracts Have Never Meant Just What The Words Say

When people with simplistic minds read a contract they think that it means only and exactly what the specific words say, nothing more and nothing less. But that’s not true, and never has been true.

Beginning with English common law and continuing through today, all contracts contain implied terms, limitations and obligations imposed by numerous laws, industry practices and judicial decisions.

Every contract contains an implied term that it cannot be for an illegal purpose or require the performance of an illegal act. In California, every contract contains an implied obligation of good faith and fair dealing.

Since before James Madison was born, the English common law included rules that limited the enforcement of contracts — doctrines of impossibility of performance and mutual mistake, to name just two.