Can an implied term be found in a contract?
Canada (Federal), Canada
The following excerpt is from Bosa v. Canada (Attorney General), 2013 FC 793 (CanLII):
An implied term may be found based upon the presumed intention of the parties where the implied term is “necessary ‘to give business efficacy to a contract’” or where the reasonable person would say that the parties had obviously assumed such a term to be part of the contract: see M.J.B. Enterprises v. Defence Construction (1951) Ltd., 1999 CanLII 677 (SCC), [1999] 1 S.C.R. 619, [1999] S.C.J. No. 17 at para. 27.
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