Is the payment to a surveyor at the time of land purchase considered a Fee?
Full Question:
Is the payment to a surveyor at the time of land purchase considered a Fee?
07/11/2009 |
Category: Contracts |
State: West Virginia |
#17484
Answer:
A fee is generally defined as a charge or payment for professional services. Specific services and their categorization often depend on the terms of the contracts involved. In some cases where the term isn't clearly defined in the contract, a court may use outside evidence to determine the intent of the parties, as long as such evidence doesn't contradict the written terms. The general rules of contract law follow a hierarchy of evidence when determining the terms of a vague or incomplete contract, as follows:
a) The terms stated in the discussions and writings exchanged by the parties that don't contradict the contract terms;
b) Terms implied by the current and past conduct of the parties;
c) Terms implied by industry custom and practice; and
d) Terms implied by applicable law, i.e., damages for breach, liability for negligence, jurisdiction and venue, etc.
