What is the test for establishing a reasonable price in a commercial contract?

Newfoundland and Labrador, Canada


The following excerpt is from Belanger, Clarke, Follett & Mcgettigan v. My Newfoundland Adventure Tours Incorporated, 2010 CanLII 17985 (NL PC):

In Matchim v. BGI Atlantic Inc., [2010] N.J. No. 41 (C.A.), it was held at paragraph 85, that there is “ancient authority which recognizes that where parties have agreed contractually but have not stipulated a specific price (e.g. agreed on a reasonable price) or a party, without writing, has requested goods or services” then “the law implies an obligation to pay a reasonable price.” AN APPLICATION OF THESE PRINCIPLES TO THIS CASE

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