Can an implied term be implied when the implied term arises from one agreement?
Nova Scotia, Canada
The following excerpt is from Smith v. Mosher Limestone Co. Ltd., 1981 CanLII 2601 (NS CA):
Nor can there be an effective implication when the implied term arises from one agreement of which the parties are unaware: Spring v. National Amalgamated Stevedores & Dockers Society, [1956] 1 W.L.R. 585.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can implied consent be implied consent? (Nova Scotia, Canada)
What is the test for upholding an agreement where the terms of the agreement are not clearly defined? (Nova Scotia, Canada)
What is the legal test for the implied agreement to pay interest on an outstanding debt? (Nova Scotia, Canada)
Can an implied term be included in a settlement agreement? (Nova Scotia, Canada)
What is the effect of Stage Two analysis on property division provisions of a marriage agreement? (Nova Scotia, Canada)
How have courts interpreted a shareholder's agreement in a transfer of shares? (Nova Scotia, Canada)
Does the rule against perpetuities apply to an option to purchase agreement? (Nova Scotia, Canada)
What is the range of general damages for pain and suffering arising from injuries sustained in the 2002 motor vehicle accident? (Nova Scotia, Canada)
Is a shareholder's agreement valid to change the president of a company? (Nova Scotia, Canada)
What is the test for setting aside a custody agreement? (Nova Scotia, Canada)
