LAWG 100D1 Lecture Notes - Lecture 23: Savings Account, Dont, Estoppel
23 Jan 2018
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Implied obligations generally: obligational content of a contract is no limited to the explicit obligations expressed by the parties, also includes implied obligations. Is good faith = lack of bad faith: two arguments, if you act maliciously with the intent of harming the other party, then you are in bad faith. If you don"t do bad faith, you"re acting in good faith. We don"t know, good faith obligations in contracts can take very different forms depending on the contract. 1024 cclc predecessor to art 1334 ccq: soucisse: gorundbreaking 1981 scc case. Notwithstanding any contrary provision [imperative condition of law - must not be against public order], the death of the surety terminates the suretyship: result, trial judge literally interpreted the terms of the contract. They can do this because of the autonomy of the will. Judges are suppose to take the words of the contract as they are clearly stated, and only interpret when they have to.
