Can a party's conduct after the formation of a contract be admitted as an aid to interpretation?

Saskatchewan, Canada

The following excerpt is from R v Husky Oil Operations Limited, 2014 SKQB 116 (CanLII):

The conduct of the parties after the formation of the contract, that is, evidence of the parties post-contracting performance of their contractual obligations, can be admitted as an aid to interpretation if the contract or provision being interpreted is ambiguous (Wagman v. Obrigewitsch, 2010 SKQB 84, [2010] 9 W.W.R. 462). So, if it is found that the contract here is ambiguous, then the conduct of the parties post-formation of their contracts can give us assistance.

Other Questions

How can a court interpret a contract where a party's subsequent conduct is interpreted? (British Columbia, Canada)
Can a party rely on a condition which was added after the formation of a contract? (Canada (Federal), Canada)
Can a vendor who is late in signing a contract with a third party who has been late in entering into the contract, take advantage of the other party's performance? (British Columbia, Canada)
Can a vendor who is late in signing a contract with a third party who has been late in entering into the contract, take advantage of the other party's performance? (British Columbia, Canada)
Can a vendor who is late in signing a contract with a third party who has been late in entering into the contract, take advantage of the other party's performance? (Ontario, Canada)
Does the doctrine of frustration apply when it is alleged that a change in circumstances after the formation of a contract renders it physically or commercially impossible to fulfil the contract? (Saskatchewan, Canada)
What is the test for overturning a chambers judge's finding that a section of statutory interpretation of the Statutory Interpretation of Section 5(1) of the Criminal Code applies to a person who is not a party to the legislation? (British Columbia, Canada)
What are the exceptions to a contract where the contract is signed by one party to the other's mistake as to the terms? (British Columbia, Canada)
What are the consequences of a breach of contract where a plaintiff is entitled to a third party's "aggravated damages"? (Ontario, Canada)
What is the impact of a party’s conduct in undermining the sales process? (Ontario, Canada)
Grey70logo nobg 96dpi


Company

  • About
  • Mission
  • Testimonials
  • Careers
  • Contact

    • Product

  • How It Works
  • Memo Structure
  • Sample Memos
  • Best Practices

    • Resources

  • Blog
  • Caselaw Roundup
  • Terms of Service
  • Privacy Policy


    • @ Copyright 2022 Alexsei Inc. All rights reserved.