LAWS10855 Lecture Notes - Lecture 2: Microsoft Onenote, Risk Management, Undue Influence
Document Summary
Writen or verbal statement made by one of the paries that a reasonable person would believe was intended to create an enforceable obligaion. Term is not writen or stated verbally but is implied by law. It is an obvious consequence of the paries" agreement, or. It is required for the purpose of business eicacy. Based on common law rules for certain types of contracts eg. reasonable noice of terminaion for employment contracts. Legislaion requires a term to be added to a contract eg. implied terms for sales of goods transacions under sale of goods act. Even if a lease does not expressly say that the item leased must come back in the same condiion in which it went out (subject to reasonable wear and tear), a court will imply such a term. Courts will do so on the basis that such a term:
