If an agreement on all essential terms has been established, does the court need to imply some terms to give business efficacy to the bargain?
British Columbia, Canada
The following excerpt is from Hucul v GN Ventures Ltd., 2022 BCSC 144 (CanLII):
If agreement on all essential terms is established, courts may imply some terms to give business efficacy to the bargain. However, courts should not imply a term unless it is necessary, and the courts should not imply terms which would effectively rewrite the contract or contradict its other terms: Zeitler v. Zeitler (Estate), 2010 BCCA 216 at paras. 25–26.
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