Is there any clear and unambiguous terms with respect to liability?

British Columbia, Canada


The following excerpt is from Discovery Enterprises Inc. v. Eppich, 1998 CanLII 3879 (BC SC):

In the absence of clear and unambiguous terms with respect to liability, the reasonableness of the interpretation to which I am drawn may be tested by asking a question similar to that phrased by the court in Shirlaw v. Southern Foundries (1926) Ltd., [1939] 2 K.B. 206 at p.227 with respect to the suitability of implying a missing term into an agreement: Prima facie that which in any contract is left to be implied and need not be expressed is something so obvious that it goes without saying; so that, if, which the parties were making their bargain, an officious bystander were to suggest some express provision for it in their agreement, they would testily suppress him with a common, "Oh, of course!".

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