What is the effect of a construction theory approach on a construction contract?
Saskatchewan, Canada
The following excerpt is from Korol v. Saskatchewan Federation of Police Officers Inc., 2000 SKQB 367 (CanLII):
My findings of fact and conclusion with respect to the construction theory approach are dispositive of the issue of frustration. Therefore, I need not address the facts in the context of the mistaken assumption approach beyond noting that against the background of current commercial practices the mistaken assumptions by Obst are not so far outside the risks allocated by the Contract that they undermined the substance of the Contract. (iii) Enforcement v. Enrichment
"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 a contract be made even if the contract is more precise than the contract itself? (Saskatchewan, Canada)
Can a contractor who contracts for the construction of a 200-foot tunnel run the length of the tunnel, but runs five tunnels instead, can he recover on the contract or on the quantum meruit? (Saskatchewan, Canada)
How have courts interpreted the terms of a contract where the contract is not enforceable and the contract does not specify terms? (Saskatchewan, Canada)
What is the effect of strict construction in the construction of a taxation statute? (Saskatchewan, Canada)
What is the rule of construction in construction and what is the effect of the penalty? (Saskatchewan, Canada)
What is the effect of a contract for the sale of horses when the contract was signed on December 12, 1924? (Saskatchewan, Canada)
What is the effect of a statutory prohibition against taking action after the period named in a simple contract? (Saskatchewan, Canada)
What is the test for interpreting a contract where a clause in the contract requires a party to pay 100,000 of its covenants to pay £100,000? (Saskatchewan, Canada)
If a contract to sell peas has a description clause that says that the peas are not ordered or sold by description, can the contract still be enforceable? (Saskatchewan, Canada)
Can a contract be set aside in equity because of a common misapprehension as to the effect of the terms agreed upon? (Saskatchewan, Canada)
