43Legal’s Post

If I’ve not expressly included something in a contract, can it be implied instead? In a nutshell probably not unless, it is satisfied that it is what the contract actually means. The Court will be reluctant to interfere with the terms of a contract even if it would be reasonable to do so. Therefore when entering into a contract expressly state what is intended. In other words make sure that the terms reflect the agreement entered into. Don’t rely on the Court to do do. It is not enough for the court to consider that the implied term would have been reasonable. Instead the court must be satisfied it is what the contract actually means. #business #law #legal

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