COMM 393 Lecture Notes - Lecture 5: Teck Resources

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10 Apr 2016
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Bkdk holdings ltd v. 692831 bc ltd. p. 543b. Issue: proper interpretation of clause 2 of an agreement dated feb. 28, 2008. Disagreement: whether 692831 is entitled to a purchase price reduction in the amount of. ,000 pursuant to clause 2 of the agreement. Agreement: bkdk agreed to sell and the 692831 agreed to purchase a number of shares in a company called meridian travel ltd. At the time of the agreement, parties believed that an important account, teck cominco, had tendered its corporate business in a request for proposals or rfp process. However, contrary to the understanding of the parties, teck cominco was not engaged in and did not subsequently engage in an rfp process. Made an internal decision to move its corporate travel business to a competitor. Search for an interpretation from which the whole of the contract would appear to promote or advance the true intent of the parties at the time of entry into the contract.

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