GNG 4170 Lecture Notes - Lecture 5: Fundamental Breach, Syncrude, Liquidated Damages

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As a test, the court will imagine itself in the position of the parties at the time the contract was being formed and terms were being expressed. We narrow it to basic ideas that court would say of course, if the parties had paid attention to this at the time, this term would have been included . When courts find implied an terms of contract, it is immediately just as valid as an expressed term for the purposes of deciding for the parties. Someone who brings a breach of contract, even if no expressed term, court would find that based on the considerations and reasoning that those points were an implied term of the contract. Since the party didn"t meet its obligation under that implied term, they breached the contract. The court doesn"t say you breached an implied term or you breached an expressed term . If you park your car, pay for ticket and receive it.

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