What is the test for breaching the terms of a contract where a contractor is required to bore 150 feet (50m) of rock to complete a well?
Saskatchewan, Canada
The following excerpt is from Savidan v. Laplante, 1924 CanLII 212 (SK CA):
See also judgment of Lamont, J.A. at p. 985. I cannot distinguish the facts in Winkler v. Hutton from the facts in the present case and must hold that there was an implied covenant on the part of the defendant to go the distance his machinery would bore, namely, 150 feet; the defendant when he contracted to dig the well knew that it might cave in or that he might strike rock and these are risks which, in my opinion, the defendant assumed; he could by his contract have protected Himself in regard to such contingencies but he did not do so.
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