Can an implied term in a commercial contract be implied?
British Columbia, Canada
The following excerpt is from Davies v. Canada Shineray Suppliers Group Inc., 2017 BCSC 304 (CanLII):
The law permits contractual terms to be implied to give business efficacy to a bargain or to correct an obvious oversight (such as a term that “goes without saying”). An implied term must be clearly formulated and must be consistent with the express terms of the contract: Athwal v. Black Top Cabs. Ltd., 2012 BCCA 107 at para. 48.
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