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

• School: University of Ottawa
• Department: General Engineering
• Course: GNG 4170
• Professor: Cameron Tiesma

Document Summary

Implied terms of contract are never specifically expressed. It is possible that the courts find that the implied term is reasonable and thus is as enforceable as an expressed term. If there is an expressed tem of contract (check with someone) the courts will not find an implied term. In recognizing an implied term, the court is trying to find the business efficiency . The implied term has resisted the effect of finishing that something: the courts imagine itself at the time of the parties agreeing to the contract. And it asks itself would the term have been made. If yes then there is an implied term. Performance: when both parties preform their obligations under the contract: agreement: two aspects of it. On-going relationship: the parties can mutually agree to bring the contract to an end. Legally when both parties agree to end their contract, they have exchanged a promise to one another that the contract is no longer enforceable.