Sentences with phrase «reasonable intention of the parties»

Mr. Lederman replied that when a court looks to the reasonable intention of the parties, any imbalance in bargaining power between parties does not affect the contract's interpretation, unless the contract was unconscionable at the time of formation [para 85 of Respondents» Factum].

Not exact matches

I believe the most reasonable inference is that, by agreeing that the laws of Ontario are to govern the validity, construction, performance and enforcement of a franchise agreement applicable to franchises operating in another province, the intention of the parties was that their rights and obligations — including the reciprocal and inviolable rights and duties of fair dealing — are to be the same as if the business of the franchise was operated in Ontario.

One suspects that a Canadian court would prefer this approach, which follows the common law principle that any inscription — an «X», one's forename, initials, or whatever — as a signature if that is the inscriber's intention as a reasonable observer in the position of the other party would perceive it.

The Court of Appeal in that decision nevertheless found that the non-competition clause was reasonable and enforceable because the parties originally expected that the business would expand across Canada: it was the parties» intention at the time of entering into the agreement that the clause would apply across Canada.

He replied that the parties» reasonable expectations include what their intentions were when they entered into the contract (i.e., to ensure the continued economic viability of both CAFC and Mr. Bhasin's businesses; a goal undermined by a termination of the Agreement in bad faith).

A court, when dealing with terms implied in fact, must be careful not to slide into determining the intentions of reasonable parties....»

(1) A party who is bound to preserve the goods in accordance with article 85 or 86 may sell them by any appropriate means if there has been an unreasonable delay by the other party in taking possession of the goods or in taking them back or in paying the price or the cost of preservation, provided that reasonable notice of the intention to sell has been given to the other party.