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4.2-6  Effect of Incorporated Documents

Revised to January 1, 2008

If you find that the parties entered into a contract that refers to other existing document[s] in such a manner as to establish that they intended to make the terms and conditions of that other document[s] part of their contract, you should interpret that incorporated document[s] as part of the contract between the parties according to the rules I have given you for interpreting contracts.  The document[s] incorporated need not be attached to the contract nor signed nor initialed to be part of the contract unless the contract so requires.

In the absence of an express provision, incorporated documents may neither expand nor restrict the obligations of the parties under the basic contract.

Authority

Randolph Construction Co. v. Kings East Corp., 165 Conn. 269, 275 (1973); Batter Building Materials Co. v. Kirschner, 142 Conn. 1, 7 (1954); 566 New Park Associates, LLC v. Blardo, 97 Conn. App. 803, 810-11 (2006).
 


 

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