COMM231 Chapter Notes - Chapter 7: Parol Evidence Rule, Condition Precedent, Condition Subsequent
13 Apr 2016
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Courts are required to enforce the contract as it is writen and to rely primarily on the plain, ordinary meaning of the words that the paries have chosen. The court assigns as reasonable a meaning as possible to vague or ambiguous terms. Implied terms: terms that are not expressly included in a contract but that are necessary to give efect to the paries" intenion. A judge may imply terms in a contract to make the contract workable. In lain means as much as is merited or deserved . Case: gateway realty ltd v arton holdings ltd (1991: gateway won due to arton acing in bad faith, arton rejected all tenants and this was causing economic loss to gateway. Customs in the trade of transacion: rely on trade customs to imply a term, rarely successful. Case: glenko enterprises ltd v ernie keller contractors ltd (1994: ernie owned glenko money for contracing work that was overdue.
