BUSI 2601 Lecture Notes - Lecture 4: Fundamental Breach, Alternative Dispute Resolution, Patent Infringement
11 Dec 2016
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Document Summary
Express terms are those clearly written out or stated. Assume a agrees to deliver medicines to b by october 22, 2016. Implied terms are those that can reasonably be drawn from all of the circumstances the medicines derails and people die. Can b successfully sue a? (cid:894)usual (cid:272)lause (cid:862)for(cid:272)e majeure(cid:863)(cid:895: no, beyond their control, contract is frustrated. Force majeure clause that either excuses one or all parties from performance if something happens beyond control. Vague language/ contra proferentum in favor of party that did not draft the contract, Business efficacy a judge is entitled to imply terms necessary to make the contract workable. Previous dealings between the parties if parties have contracted in the past, it may be possible to imply that their current contract contains the same terms. Statutory requirements an important source of terms implied by statute is found in provincial sale-of- goods legislation, which is largely uniform across the country.
