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Google Keyword Rankings for : business efficacy rule
1
Principles of Business Efficacy and Contra Proferentem and ...
https://www.legalserviceindia.com/legal/article-990-principles-of-business-efficacy-and-contra-proferentem-and-their-application-in-interpretation-of-commercial-contracts.html
The Principle of Business Efficacy is now being widely invoked in India and it primarily means the power to produce the intended results in the absence of clear ...
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https://www.legalserviceindia.com/legal/article-990-principles-of-business-efficacy-and-contra-proferentem-and-their-application-in-interpretation-of-commercial-contracts.html
The Principle of Business Efficacy is now being widely invoked in India and it primarily means the power to produce the intended results in the absence of clear ...
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2
Principle of Business Efficacy - Chambers of Nitin Chopra (CNC)
https://chambersofnitinchopra.wordpress.com/2014/07/15/principle-of-business-efficacy/
Business efficacy means the power to produce intended results. The classic test of business efficacy was proposed in Moorcock, (1889) LR 14 PD ...
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https://chambersofnitinchopra.wordpress.com/2014/07/15/principle-of-business-efficacy/
Business efficacy means the power to produce intended results. The classic test of business efficacy was proposed in Moorcock, (1889) LR 14 PD ...
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3
Implied Terms and Business Efficacy as tools for Contractual ...
https://kmlaw.ca/implied-terms-and-business-efficacy-as-tools-for-contractual-interpretation-not-quite-say-what-you-mean-mean-what-you-say/
› News & Events
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https://kmlaw.ca/implied-terms-and-business-efficacy-as-tools-for-contractual-interpretation-not-quite-say-what-you-mean-mean-what-you-say/
› News & Events
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4
Contracts, certainty and implied terms for business efficacy
https://www.shlegal.com/insights/contracts-certainty-and-implied-terms-for-business-efficacy
This Supreme Court decision concerned the enforceability of an agreement between an estate agent and a vendor.
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https://www.shlegal.com/insights/contracts-certainty-and-implied-terms-for-business-efficacy
This Supreme Court decision concerned the enforceability of an agreement between an estate agent and a vendor.
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5
Terms implied by common law - E-lawresources
http://www.e-lawresources.co.uk/Terms-implied-by-common-law.php
1. The business efficacy test: This asks whether the term was necessary to give the contract business efficacy ie would the contract make business sense without ...
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http://www.e-lawresources.co.uk/Terms-implied-by-common-law.php
1. The business efficacy test: This asks whether the term was necessary to give the contract business efficacy ie would the contract make business sense without ...
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6
Supreme Court clarifies law on implied terms: "business ... - RPC
https://www.rpc.co.uk/perspectives/commercial-disputes/supreme-court-clarifies-law-on-implied-terms-business-efficacy-test-remains/
it must be reasonable and equitable; · it must be necessary to give business efficacy to the contract, so that no term will be implied if the ...
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https://www.rpc.co.uk/perspectives/commercial-disputes/supreme-court-clarifies-law-on-implied-terms-business-efficacy-test-remains/
it must be reasonable and equitable; · it must be necessary to give business efficacy to the contract, so that no term will be implied if the ...
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7
Implied terms: business efficacy - Practical Law
https://uk.practicallaw.thomsonreuters.com/w-014-9669
Implied terms: business efficacy ... The Court of Appeal has held that it was necessary to imply an obligation on the landlord to keep electrical ...
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https://uk.practicallaw.thomsonreuters.com/w-014-9669
Implied terms: business efficacy ... The Court of Appeal has held that it was necessary to imply an obligation on the landlord to keep electrical ...
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8
What are you implying? The role of implied terms in contract ...
https://www.bclplaw.com/en-US/insights/what-are-you-implying-the-role-of-implied-terms-in-contract-interpretation.html
Terms may be implied to achieve business efficacy, but only where the terms are so obvious that without them the contract would lack commercial ...
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https://www.bclplaw.com/en-US/insights/what-are-you-implying-the-role-of-implied-terms-in-contract-interpretation.html
Terms may be implied to achieve business efficacy, but only where the terms are so obvious that without them the contract would lack commercial ...
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9
Implied Terms | RIAA Barker Gillette
https://www.riaabarkergillette.com/iran/wp-content/uploads/2016/08/implied-terms.pdf
Regulated by the Solicitors Regulation Authority. The Supreme Court has recently clarified the law on ... give business efficacy to the contract.
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https://www.riaabarkergillette.com/iran/wp-content/uploads/2016/08/implied-terms.pdf
Regulated by the Solicitors Regulation Authority. The Supreme Court has recently clarified the law on ... give business efficacy to the contract.
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10
The Moorcock - Wikipedia
https://en.wikipedia.org/wiki/The_Moorcock
... terms that the law will imply in commercial, or non-consumer, agreements, especially terms that are "necessary and obvious...to give business efficacy".
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https://en.wikipedia.org/wiki/The_Moorcock
... terms that the law will imply in commercial, or non-consumer, agreements, especially terms that are "necessary and obvious...to give business efficacy".
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11
Supreme Court Clarifies Test for Implied Terms | Latham.London
https://www.latham.london/2016/02/supreme-court-clarifies-test-for-implied-terms/
The term must be reasonable and equitable. · The term must be necessary to give business efficacy to the contract so that no term will be implied ...
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https://www.latham.london/2016/02/supreme-court-clarifies-test-for-implied-terms/
The term must be reasonable and equitable. · The term must be necessary to give business efficacy to the contract so that no term will be implied ...
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12
Supreme Court clarifies law on implied terms - Lexology
https://www.lexology.com/library/detail.aspx?g=7f8b0b90-f455-4ed7-9a3c-988b4e0f4628
necessity for business efficacy involves a value judgment. The test is not one of “absolute necessity”. A term can only be implied if, without ...
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https://www.lexology.com/library/detail.aspx?g=7f8b0b90-f455-4ed7-9a3c-988b4e0f4628
necessity for business efficacy involves a value judgment. The test is not one of “absolute necessity”. A term can only be implied if, without ...
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13
Enforcing promises by implying terms in commercial contracts
https://www.claytonutz.com/knowledge/2012/december/enforcing-promises-by-implying-terms-in-commercial-contracts
be reasonable and equitable; · be necessary to give business efficacy to the contract, so that no term will be implied if the contract is ...
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https://www.claytonutz.com/knowledge/2012/december/enforcing-promises-by-implying-terms-in-commercial-contracts
be reasonable and equitable; · be necessary to give business efficacy to the contract, so that no term will be implied if the contract is ...
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14
The Modern Approach to Implying a Term into a Contract
https://www.deacons.com/2016/03/09/the-modern-approach-to-implying-a-term-into-a-contract/
it must be reasonable and equitable; · it must be necessary to give business efficacy to the contract; · it must be so obvious that “it goes ...
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https://www.deacons.com/2016/03/09/the-modern-approach-to-implying-a-term-into-a-contract/
it must be reasonable and equitable; · it must be necessary to give business efficacy to the contract; · it must be so obvious that “it goes ...
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15
Using “Good Business Sense” to Interpret Commercial Contracts
https://www.torkinmanes.com/our-resources/publications-presentations/publication/using-good-business-sense-to-interpret-commercial-contracts
While there is no question that Courts have an obligation to give business efficacy to commercial contracts, the situations in which a Court ...
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https://www.torkinmanes.com/our-resources/publications-presentations/publication/using-good-business-sense-to-interpret-commercial-contracts
While there is no question that Courts have an obligation to give business efficacy to commercial contracts, the situations in which a Court ...
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16
M/S. Adani Power (Mundra) Ltd. vs Gujarat Electy Reg ...
https://indiankanoon.org/docfragment/11589483/?big=3&formInput=business%20efficacy
It was opined as under: (SCC pp. 143-44, paras 33-35) “33. The principle of business efficacy is normally invoked to read a term in an agreement ...
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https://indiankanoon.org/docfragment/11589483/?big=3&formInput=business%20efficacy
It was opined as under: (SCC pp. 143-44, paras 33-35) “33. The principle of business efficacy is normally invoked to read a term in an agreement ...
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17
Implied Terms: Filling in "Gaps" in a Contract
https://singaporelegaladvice.com/law-articles/implied-terms
Business efficacy test. The term to be implied must be objectively necessary to give “business efficacy” to the contract, i.e. to allow the ...
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https://singaporelegaladvice.com/law-articles/implied-terms
Business efficacy test. The term to be implied must be objectively necessary to give “business efficacy” to the contract, i.e. to allow the ...
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18
The implications of implied terms - DRS
https://drs-als.com/impliedterms/
When considering terms implied in fact there are two aspects to consider. Firstly, the 'business efficacy' test applies where, without the ...
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https://drs-als.com/impliedterms/
When considering terms implied in fact there are two aspects to consider. Firstly, the 'business efficacy' test applies where, without the ...
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19
a study of implied terms in comparative context - UQ Law School
https://law.uq.edu.au/files/23470/CLI-12Sept13-The-challenge-of-principled-gap-filling.pdf
The “Business Efficacy” Test. Per Bowen LJ in The Moorcock (1889) 14 PD 64 at 68: In business transactions such as this, what the law desires to effect by ...
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https://law.uq.edu.au/files/23470/CLI-12Sept13-The-challenge-of-principled-gap-filling.pdf
The “Business Efficacy” Test. Per Bowen LJ in The Moorcock (1889) 14 PD 64 at 68: In business transactions such as this, what the law desires to effect by ...
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20
The contours of principle of 'business efficacy' in interpreting ...
https://www.lawyersclubindia.com/articles/the-contours-of-principle-of-business-efficacy-in-interpreting-commercial-contracts-9270.asp
“This test requires that a term can only be implied if it is necessary to give business efficacy to the contract to avoid such a failure of ...
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https://www.lawyersclubindia.com/articles/the-contours-of-principle-of-business-efficacy-in-interpreting-commercial-contracts-9270.asp
“This test requires that a term can only be implied if it is necessary to give business efficacy to the contract to avoid such a failure of ...
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21
Implied terms: Supreme Court restates the test - Osborne Clarke
https://www.osborneclarke.com/insights/implied-terms-supreme-court-restates-the-test
The classic 'officious bystander' and 'business efficacy' tests have been reinstated, and so should not be taken to have been watered down by ...
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https://www.osborneclarke.com/insights/implied-terms-supreme-court-restates-the-test
The classic 'officious bystander' and 'business efficacy' tests have been reinstated, and so should not be taken to have been watered down by ...
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22
Implied Term of Good Faith and Fair Dealing
https://eprints.lse.ac.uk/101641/1/Collins_Implied_Terms_Final.pdf
understood in modern contract law.1 It was not till the middle of the ... necessity or business efficacy that rule out any general power to rewrite ...
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https://eprints.lse.ac.uk/101641/1/Collins_Implied_Terms_Final.pdf
understood in modern contract law.1 It was not till the middle of the ... necessity or business efficacy that rule out any general power to rewrite ...
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23
business+efficacy | Indian Case Law - Casemine
https://www.casemine.com/search/in/business%2Befficacy
under: (SCC pp. 143-44, paras 33-35) "33. The principle of business efficacy is normally invoked to read a term in an...agreement or contract so as to achieve ...
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https://www.casemine.com/search/in/business%2Befficacy
under: (SCC pp. 143-44, paras 33-35) "33. The principle of business efficacy is normally invoked to read a term in an...agreement or contract so as to achieve ...
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24
Contractual Interpretation in Arbitrations: Business Efficacy ...
https://www.thearbitrationworkshop.com/post/contractual-interpretation-in-arbitrations-business-efficacy-and-business-common-sense
The thumb rule, while drafting contracts, should be that nothing is understood or assumed, or a given. It is only when there is a lack of ...
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https://www.thearbitrationworkshop.com/post/contractual-interpretation-in-arbitrations-business-efficacy-and-business-common-sense
The thumb rule, while drafting contracts, should be that nothing is understood or assumed, or a given. It is only when there is a lack of ...
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25
Case law: Court changes test for deciding - ICAEW.com
https://www.icaew.com/library/subject-gateways/law/legal-alert/2019-11/case-law-court-changes-test-for-deciding-if-a-contract-is-relational
necessary to give business efficacy to the contract (so, if the agreement works without that term in it, the term will not be implied); or ...
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https://www.icaew.com/library/subject-gateways/law/legal-alert/2019-11/case-law-court-changes-test-for-deciding-if-a-contract-is-relational
necessary to give business efficacy to the contract (so, if the agreement works without that term in it, the term will not be implied); or ...
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26
Privacy Policy - Business Efficacy
https://businessefficacy.com/privacy-policy/
In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful ...
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https://businessefficacy.com/privacy-policy/
In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful ...
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27
Express and implied terms | Practical Law - Westlaw
https://content.next.westlaw.com/practical-law/document/I5dd0c77012be11e9a5b3e3d9e23d7429/Express-and-implied-terms?viewType=FullText&transitionType=Default&contextData=(sc.Default)
Criteria for implying a term in fact · It must be reasonable and equitable. · It must be necessary to give business efficacy to the contract, so that no term will ...
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https://content.next.westlaw.com/practical-law/document/I5dd0c77012be11e9a5b3e3d9e23d7429/Express-and-implied-terms?viewType=FullText&transitionType=Default&contextData=(sc.Default)
Criteria for implying a term in fact · It must be reasonable and equitable. · It must be necessary to give business efficacy to the contract, so that no term will ...
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28
Business Law- Study Questions- CH 7 Flashcards - Quizlet
https://quizlet.com/117494086/business-law-study-questions-ch-7-flash-cards/
First, the doctrine of business efficacy entitles a judge to imply terms necessary to make the contract workable. Second, a court can rely on trade custom ...
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https://quizlet.com/117494086/business-law-study-questions-ch-7-flash-cards/
First, the doctrine of business efficacy entitles a judge to imply terms necessary to make the contract workable. Second, a court can rely on trade custom ...
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29
21A244 National Federation of Independent Business v ...
https://www.supremecourt.gov/opinions/21pdf/21a244_hgci.pdf
Many States, businesses, and nonprofit organizations challenged OSHA's rule in Courts of Appeals across the country.
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https://www.supremecourt.gov/opinions/21pdf/21a244_hgci.pdf
Many States, businesses, and nonprofit organizations challenged OSHA's rule in Courts of Appeals across the country.
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30
Civil Procedure: What Take-outs are there from the FBD ...
https://www.mhc.ie/latest/insights/civil-procedure-what-take-outs-are-there-from-the-fbd-decision
In commercial contracts, courts will often apply the “efficacy” test, meaning that they will imply a term into a contract to give it the ...
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https://www.mhc.ie/latest/insights/civil-procedure-what-take-outs-are-there-from-the-fbd-decision
In commercial contracts, courts will often apply the “efficacy” test, meaning that they will imply a term into a contract to give it the ...
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31
Improving Business Efficacy with Revised ... - Science Alert
https://scialert.net/fulltext/?doi=jas.2004.344.353
With the revised graph-based mining association rules we offer, all we need is one database scan process. After the scan, the bit vector corresponding to each ...
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https://scialert.net/fulltext/?doi=jas.2004.344.353
With the revised graph-based mining association rules we offer, all we need is one database scan process. After the scan, the bit vector corresponding to each ...
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32
The significance of implied contractual terms - Morrison Kent
https://www.morrisonkent.com/dispute-resolution/the-significance-of-implied-contractual-terms/
In business transactions such as this, what the law desires to effect by the implication is to give such business efficacy to the transaction as must have been ...
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https://www.morrisonkent.com/dispute-resolution/the-significance-of-implied-contractual-terms/
In business transactions such as this, what the law desires to effect by the implication is to give such business efficacy to the transaction as must have been ...
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33
Good Faith in English Law— Could a Rule Become a Principle?
https://journals.tulane.edu/teclf/article/view/1824/1671
EUROPEAN CONTRACT LAW—IMPLICATIONS FOR EUROPEAN PRIVATE LAWS, BUSINESS AND ... necessary to give business efficacy to the contract, so that no term will be.
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https://journals.tulane.edu/teclf/article/view/1824/1671
EUROPEAN CONTRACT LAW—IMPLICATIONS FOR EUROPEAN PRIVATE LAWS, BUSINESS AND ... necessary to give business efficacy to the contract, so that no term will be.
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34
Interpretation of contracts under English law - Ashurst
https://www.ashurst.com/en/news-and-insights/legal-updates/quickguide---interpretation-of-contracts-under-english-law/
It considers the legal rules and key principles of interpretation, including the ... (2) it must be necessary to give "business efficacy" to the contract, ...
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https://www.ashurst.com/en/news-and-insights/legal-updates/quickguide---interpretation-of-contracts-under-english-law/
It considers the legal rules and key principles of interpretation, including the ... (2) it must be necessary to give "business efficacy" to the contract, ...
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35
The Foundations of Implied Terms: Logic, Efficacy and Purpose
https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2885860_code94107.pdf?abstractid=2885860
Contract in Commercial Law (Sydney, LawBook Co, 2016) ... The court (at [99]) left open the possibility that business efficacy may.
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https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2885860_code94107.pdf?abstractid=2885860
Contract in Commercial Law (Sydney, LawBook Co, 2016) ... The court (at [99]) left open the possibility that business efficacy may.
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36
Implied terms - Australian Contract Law
https://www.australiancontractlaw.info/law/implied-terms
'(1) it must be reasonable and equitable;. (2) it must be necessary to give business efficacy to the contract, so that no term will be implied ...
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https://www.australiancontractlaw.info/law/implied-terms
'(1) it must be reasonable and equitable;. (2) it must be necessary to give business efficacy to the contract, so that no term will be implied ...
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37
Contract terms - Implied terms - YouTube
https://www.youtube.com/watch?v=zOlu1dD_-D0
The Law Teacher
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https://www.youtube.com/watch?v=zOlu1dD_-D0
The Law Teacher
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38
Developments in contract: Formation
https://www.simmons-simmons.com/en/publications/ck0bbe1feo1yb0b36do9h5g3e/2090419-developments-in-contract-formation
There is no bar to implying terms that are obvious so as to give business efficacy to an agreement. As a matter of practice, to avoid the risk that the ...
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https://www.simmons-simmons.com/en/publications/ck0bbe1feo1yb0b36do9h5g3e/2090419-developments-in-contract-formation
There is no bar to implying terms that are obvious so as to give business efficacy to an agreement. As a matter of practice, to avoid the risk that the ...
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39
Advent of Business Efficacy in Awarding Damages - Manupatra
http://docs.manupatra.in/newsline/articles/Upload/2B2D3E37-A998-43B4-A6AA-D2B3858A829B.pdf
the resultant role of business efficacy in such adjudications. ... Law of damages in commercial contracts in India is an earlier adaption of Commonwealth ...
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http://docs.manupatra.in/newsline/articles/Upload/2B2D3E37-A998-43B4-A6AA-D2B3858A829B.pdf
the resultant role of business efficacy in such adjudications. ... Law of damages in commercial contracts in India is an earlier adaption of Commonwealth ...
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40
IMPLIED TERMS AFTER BELIZE TELECOM - JSTOR
https://www.jstor.org/stable/24693793
Keywords: Implied terms, business efficacy, officious bystander, necessity, ... existing law.14 Others have taken the opposite view and consider Belize t.
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https://www.jstor.org/stable/24693793
Keywords: Implied terms, business efficacy, officious bystander, necessity, ... existing law.14 Others have taken the opposite view and consider Belize t.
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41
Rectification on the Basis of Implied Terms and Business ...
https://www.weirfoulds.com/rectification-on-the-basis-of-implied-terms-and-business-efficacy
The Ontario Court of Appeal recently reviewed the law applicable to ... Rectification on the Basis of Implied Terms and Business Efficacy.
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https://www.weirfoulds.com/rectification-on-the-basis-of-implied-terms-and-business-efficacy
The Ontario Court of Appeal recently reviewed the law applicable to ... Rectification on the Basis of Implied Terms and Business Efficacy.
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42
Chapter 2 Outline answers to essay questions - Learning Link
https://learninglink.oup.com/access/content/business-law-concentrate-3e-resources/marson-and-ferris-concentrate3e-chapter-2-outline-answers-to-essay-questions
This system could not enable businesses to carry out their operations with any certainty and consequently the decision was based on business efficacy. Further ...
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https://learninglink.oup.com/access/content/business-law-concentrate-3e-resources/marson-and-ferris-concentrate3e-chapter-2-outline-answers-to-essay-questions
This system could not enable businesses to carry out their operations with any certainty and consequently the decision was based on business efficacy. Further ...
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43
BLT: December 2017 - American Bar Association
https://www.americanbar.org/groups/business_law/publications/blt/2017/12/
At one time, the New Business Rule generally prevented an injured party from obtaining a damages award for lost profits due to the opposing party if the ...
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https://www.americanbar.org/groups/business_law/publications/blt/2017/12/
At one time, the New Business Rule generally prevented an injured party from obtaining a damages award for lost profits due to the opposing party if the ...
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44
"AD HOC Implications in Written Contracts" [1973] AdelLawRw 3
http://classic.austlii.edu.au/au/journals/AdelLawRw/1973/3.pdf
The "business efficacy" principle developed in that case was restated by Bowen L.J. in Lamb v. Evans18 as follows: "What is an implied . . . promise in law?
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http://classic.austlii.edu.au/au/journals/AdelLawRw/1973/3.pdf
The "business efficacy" principle developed in that case was restated by Bowen L.J. in Lamb v. Evans18 as follows: "What is an implied . . . promise in law?
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45
SMALL BUSINESS ACT [Public Law 85–536 - GovInfo
https://www.govinfo.gov/content/pkg/COMPS-1834/pdf/COMPS-1834.pdf
Government, through the Administrator of the Small Business Ad- ... (III) an evaluation of the efficacy and poten-.
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https://www.govinfo.gov/content/pkg/COMPS-1834/pdf/COMPS-1834.pdf
Government, through the Administrator of the Small Business Ad- ... (III) an evaluation of the efficacy and poten-.
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46
Topic 8- Contractual Terms Implied Terms - Coggle
https://coggle.it/diagram/XF6ihtGoMRRLFB0d/t/topic-8-contractual-terms-implied-terms
Implied Terms as a Matter of Law ... It must be necessary to give business efficacy to the contrac so that no term will ... Implied Terms under Common Law
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https://coggle.it/diagram/XF6ihtGoMRRLFB0d/t/topic-8-contractual-terms-implied-terms
Implied Terms as a Matter of Law ... It must be necessary to give business efficacy to the contrac so that no term will ... Implied Terms under Common Law
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47
Terms of a Contract Lecture - LawTeacher.net
https://www.lawteacher.net/lectures/contract-law/construction/terms/
Contract Law - Terms of Contract ... This test allows the courts to imply terms based on business efficacy, which would have been presumed to form terms of ...
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https://www.lawteacher.net/lectures/contract-law/construction/terms/
Contract Law - Terms of Contract ... This test allows the courts to imply terms based on business efficacy, which would have been presumed to form terms of ...
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48
Using "Good Business Sense" To Interpret Commercial ...
https://www.mondaq.com/canada/contracts-and-commercial-law/904442/using-good-business-sense-to-interpret-commercial-contracts
The “commercial reasonableness” principle, like most common law ... have an obligation to give business efficacy to commercial contracts, ...
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https://www.mondaq.com/canada/contracts-and-commercial-law/904442/using-good-business-sense-to-interpret-commercial-contracts
The “commercial reasonableness” principle, like most common law ... have an obligation to give business efficacy to commercial contracts, ...
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49
Good Faith in English Contract Law
https://bracewell.com/sites/default/files/knowledge-center/Article%20Good%20Faith%20CALVERT%20BOND%20HOULIHAN.PDF
It is a general principle of English law that contractual rights ... b. it must be necessary to give business efficacy to the contract;. Summary.
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https://bracewell.com/sites/default/files/knowledge-center/Article%20Good%20Faith%20CALVERT%20BOND%20HOULIHAN.PDF
It is a general principle of English law that contractual rights ... b. it must be necessary to give business efficacy to the contract;. Summary.
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50
Implied terms | mcbridesguides
https://mcbridesguides.com/category/contract-law/implied-terms/
So under the business efficacy test the courts will imply a term in fact into a contract where it was necessary to do so to make the contract ...
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https://mcbridesguides.com/category/contract-law/implied-terms/
So under the business efficacy test the courts will imply a term in fact into a contract where it was necessary to do so to make the contract ...
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51
Maryland Commercial Law Code Section 22-212 (2020 ...
https://law.justia.com/codes/maryland/2020/commercial-law/title-22/subtitle-2/section-22-212/
The efficacy, including the commercial reasonableness, of an attribution procedure is determined by the court. In making this determination, the following rules ...
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https://law.justia.com/codes/maryland/2020/commercial-law/title-22/subtitle-2/section-22-212/
The efficacy, including the commercial reasonableness, of an attribution procedure is determined by the court. In making this determination, the following rules ...
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52
Contract interpretation—terms implied by fact | Legal Guidance
https://www.lexisnexis.co.uk/legal/guidance/contract-interpretation-terms-implied-by-fact
For guidance on terms implied by law, see Practice Note: Contract ... it must be necessary to give business efficacy to the contract, ...
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https://www.lexisnexis.co.uk/legal/guidance/contract-interpretation-terms-implied-by-fact
For guidance on terms implied by law, see Practice Note: Contract ... it must be necessary to give business efficacy to the contract, ...
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53
IMPLIED TERMS AFTER BELIZE TELECOM
https://www.cambridge.org/core/journals/cambridge-law-journal/article/implied-terms-after-belize-telecom/FB43FA2F407F8CC9FF2E0E6F3B7824F7
In order to avoid this happening, it has been suggested that business efficacy is merely a practical test for determining the intention of the parties: “in most ...
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https://www.cambridge.org/core/journals/cambridge-law-journal/article/implied-terms-after-belize-telecom/FB43FA2F407F8CC9FF2E0E6F3B7824F7
In order to avoid this happening, it has been suggested that business efficacy is merely a practical test for determining the intention of the parties: “in most ...
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54
So Obvious It Goes Without Saying? - University of Otago
https://www.otago.ac.nz/law/research/journals/otago672758.pdf
This is because the Singaporean approach considers that the business efficacy test and officious bystander test are distinct and indispensable to the law of.
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https://www.otago.ac.nz/law/research/journals/otago672758.pdf
This is because the Singaporean approach considers that the business efficacy test and officious bystander test are distinct and indispensable to the law of.
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55
Recent trends in joint venture disputes in the mining sector
https://www.nortonrosefulbright.com/es-mx/knowledge/publications/ba375a90/recent-trends-in-joint-venture-disputes-in-the-mining-sector
Good faith is a topic where the approach of civil and common law practitioners ... In other words, applying the usual business efficacy test for the ...
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https://www.nortonrosefulbright.com/es-mx/knowledge/publications/ba375a90/recent-trends-in-joint-venture-disputes-in-the-mining-sector
Good faith is a topic where the approach of civil and common law practitioners ... In other words, applying the usual business efficacy test for the ...
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56
Contractual interpretation and implied terms - Allen & Overy
https://www.allenovery.com/en-gb/global/news-and-insights/publications/contractual-interpretation-and-implied-terms-related-contracts-and-limitations-on-confidentiality
He went on to say that “[t]he necessity required by the test is necessity for the business efficacy of the contract; not some wider business purpose of a ...
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https://www.allenovery.com/en-gb/global/news-and-insights/publications/contractual-interpretation-and-implied-terms-related-contracts-and-limitations-on-confidentiality
He went on to say that “[t]he necessity required by the test is necessity for the business efficacy of the contract; not some wider business purpose of a ...
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57
Small Business and Industry Assistance - FDA
https://www.fda.gov/drugs/cder-small-business-industry-assistance-sbia/small-business-and-industry-assistance-frequently-asked-questions-pre-investigational-new-drug-ind
Overall program synopsis · Whether the animal efficacy rule is being considered · Clinical study synopsis to obtain FDA input on inclusion, ...
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https://www.fda.gov/drugs/cder-small-business-industry-assistance-sbia/small-business-and-industry-assistance-frequently-asked-questions-pre-investigational-new-drug-ind
Overall program synopsis · Whether the animal efficacy rule is being considered · Clinical study synopsis to obtain FDA input on inclusion, ...
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58
UK Supreme Court Clarifies Test for Implying Terms Into a ...
https://www.sidley.com/en/insights/newsupdates/2015/12/uk-supreme-court-clarifies-test
The traditional “business efficacy” and “officious bystander” tests remain central to the implication of terms under English law.
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https://www.sidley.com/en/insights/newsupdates/2015/12/uk-supreme-court-clarifies-test
The traditional “business efficacy” and “officious bystander” tests remain central to the implication of terms under English law.
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59
Implied terms – express requirements - CMS LAW-NOW
https://www.cms-lawnow.com/ealerts/2015/12/implied-terms--express-requirements?cc_lang=en
Necessity for business efficacy involves a value judgment; it is not 'absolute necessity'. Rather, “a term can only be implied if, ...
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https://www.cms-lawnow.com/ealerts/2015/12/implied-terms--express-requirements?cc_lang=en
Necessity for business efficacy involves a value judgment; it is not 'absolute necessity'. Rather, “a term can only be implied if, ...
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60
16 CFR Part 437 -- Business Opportunity Rule - eCFR
https://www.ecfr.gov/current/title-16/chapter-I/subchapter-D/part-437
The following definitions shall apply throughout this part: ... (b) Affiliate means an entity controlled by, controlling, or under common control with a business ...
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https://www.ecfr.gov/current/title-16/chapter-I/subchapter-D/part-437
The following definitions shall apply throughout this part: ... (b) Affiliate means an entity controlled by, controlling, or under common control with a business ...
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61
Improving Business Efficacy with Revised ... - ResearchGate
https://www.researchgate.net/publication/46027449_Improving_Business_Efficacy_with_Revised_Graph-based_Mining_Association_Rules
Download Citation | Improving Business Efficacy with Revised Graph-based Mining Association Rules | Due to the internationalization of the ...
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https://www.researchgate.net/publication/46027449_Improving_Business_Efficacy_with_Revised_Graph-based_Mining_Association_Rules
Download Citation | Improving Business Efficacy with Revised Graph-based Mining Association Rules | Due to the internationalization of the ...
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62
Implying Terms into a Commercial Contract - Steamship Mutual
https://www.steamshipmutual.com/publications/articles/implyingtermsintoacommercialcontract
1. The term must be reasonable and equitable; · 2. It must be necessary to give business efficacy to a contract, no term will be implied if the ...
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https://www.steamshipmutual.com/publications/articles/implyingtermsintoacommercialcontract
1. The term must be reasonable and equitable; · 2. It must be necessary to give business efficacy to a contract, no term will be implied if the ...
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63
Will English Law Imply a Duty of Good Faith Into Commercial ...
https://www.dentons.com/en/insights/alerts/2013/march/11/will-english-law-imply-a-duty-of-good-faith-into-commercial-contracts
... business efficacy to the contract”). However, his reasoning and critique of English law's reluctance to recognise an implied duty of ...
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https://www.dentons.com/en/insights/alerts/2013/march/11/will-english-law-imply-a-duty-of-good-faith-into-commercial-contracts
... business efficacy to the contract”). However, his reasoning and critique of English law's reluctance to recognise an implied duty of ...
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64
Contract: Implied Terms - IPSA LOQUITUR
https://ipsaloquitur.com/contract-law/implied-terms/
The Business Efficacy Test: is the term necessary to give the transaction the business efficacy the parties must have intended? In other words, does the ...
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https://ipsaloquitur.com/contract-law/implied-terms/
The Business Efficacy Test: is the term necessary to give the transaction the business efficacy the parties must have intended? In other words, does the ...
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65
Chapter 13 Self-test questions - JC Smith's The Law of ...
https://iws.oupsupport.com/access/content/davies3e-student-resources/davies3e-chapter-13-self-test-questions
Implying such terms is always necessary to give business efficacy to the parties' contract. correct incorrect. The courts will not imply customary terms.
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https://iws.oupsupport.com/access/content/davies3e-student-resources/davies3e-chapter-13-self-test-questions
Implying such terms is always necessary to give business efficacy to the parties' contract. correct incorrect. The courts will not imply customary terms.
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66
Contract - Interpretation - Implied Terms - Isthatlegal
http://www.isthatlegal.ca/index.php?name=contract.interpretation.implied
In business transactions such as this, what the law desires to effect by the implication is to give such business efficacy to the transaction as must have been ...
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http://www.isthatlegal.ca/index.php?name=contract.interpretation.implied
In business transactions such as this, what the law desires to effect by the implication is to give such business efficacy to the transaction as must have been ...
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67
What is an Implied Term? | UpCounsel 2022
https://www.upcounsel.com/what-is-an-implied-term
Legal Tests for Implied Terms · The Business Efficacy Test. This is a term that is necessary for the contract itself to function, such as the implied trust ...
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https://www.upcounsel.com/what-is-an-implied-term
Legal Tests for Implied Terms · The Business Efficacy Test. This is a term that is necessary for the contract itself to function, such as the implied trust ...
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68
Commercial Contracts: A Practical Guide to Standard Terms
https://media.bloomsburyprofessional.com/rep/files/commercial-contracts_sample-chapters_sections-a1.pdf
The basic rule laid down by statute is that no action for breach of contract ... such a term would be necessary to give the contract business efficacy and ...
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https://media.bloomsburyprofessional.com/rep/files/commercial-contracts_sample-chapters_sections-a1.pdf
The basic rule laid down by statute is that no action for breach of contract ... such a term would be necessary to give the contract business efficacy and ...
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69
HCCH | #40 - Full text
https://www.hcch.net/en/instruments/conventions/full-text/?cid=135
to the Hague Principles on Choice of Law in International Commercial Contracts. I.1 When parties enter into a contract that has connections with more than ...
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https://www.hcch.net/en/instruments/conventions/full-text/?cid=135
to the Hague Principles on Choice of Law in International Commercial Contracts. I.1 When parties enter into a contract that has connections with more than ...
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70
The Law of an Arbitration Agreement: Is it the law of the seat or ...
https://www.akingump.com/en/news-insights/the-law-of-an-arbitration-agreement-is-it-the-law-of-the-seat-or.html
The Court of Appeal did not need to consider an implied choice of law. This means that the need for business efficacy before a term can be ...
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https://www.akingump.com/en/news-insights/the-law-of-an-arbitration-agreement-is-it-the-law-of-the-seat-or.html
The Court of Appeal did not need to consider an implied choice of law. This means that the need for business efficacy before a term can be ...
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71
Good Faith and Reasonable Expectations
https://law.uark.edu/alr/PDFs/67-3/ALR-67-3-525-570Feinman.pdf
(2006); Emily M.S. Houh, The Doctrine of Good Faith in Contract Law: A (Nearly) Empty ... rests on giving the transaction “business efficacy” without.
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https://law.uark.edu/alr/PDFs/67-3/ALR-67-3-525-570Feinman.pdf
(2006); Emily M.S. Houh, The Doctrine of Good Faith in Contract Law: A (Nearly) Empty ... rests on giving the transaction “business efficacy” without.
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72
The Moorcock (1889) 14 PD 64 - Case Summary - lawprof.co
https://lawprof.co/contract/terms-of-contract-cases/the-moorcock-1889-14-pd-64/
The law will imply into contracts terms necessary and obvious to give business efficacy · But terms shall not be implied merely because they appear desirable and ...
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https://lawprof.co/contract/terms-of-contract-cases/the-moorcock-1889-14-pd-64/
The law will imply into contracts terms necessary and obvious to give business efficacy · But terms shall not be implied merely because they appear desirable and ...
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73
Termination of Contracts | Ship Law Log
https://www.shiplawlog.com/2021/01/28/termination-of-contracts/
At common law, parties have the right to terminate on grounds of a ... it is necessary to give business efficacy to the contract (The ...
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https://www.shiplawlog.com/2021/01/28/termination-of-contracts/
At common law, parties have the right to terminate on grounds of a ... it is necessary to give business efficacy to the contract (The ...
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74
Business efficacy test cannot be applied to alter the express ...
https://www.legaleraonline.com/from-the-courts/business-efficacy-test-cannot-be-applied-to-alter-the-express-terms-of-agreement-delhi-high-court-828264
Business efficacy test cannot be applied to alter the express terms of agreement: Delhi High Court · Original text.
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https://www.legaleraonline.com/from-the-courts/business-efficacy-test-cannot-be-applied-to-alter-the-express-terms-of-agreement-delhi-high-court-828264
Business efficacy test cannot be applied to alter the express terms of agreement: Delhi High Court · Original text.
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75
Towards an Implied Duty of Good Faith Under English Law
https://www.jonesday.com/en/insights/2013/05/towards-an-implied-duty-of-good-faith-under-english-law
[3] Under English law, duties of good faith are owed by those in a fiduciary ... (ii) it is necessary to give business efficacy to commercial transactions.
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https://www.jonesday.com/en/insights/2013/05/towards-an-implied-duty-of-good-faith-under-english-law
[3] Under English law, duties of good faith are owed by those in a fiduciary ... (ii) it is necessary to give business efficacy to commercial transactions.
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76
Test on Implied Terms - WAN MUHAMMAD ADIB BIN WAN ...
https://www.studocu.com/row/document/universiti-teknologi-mara/law-of-contract-ii/test-on-implied-terms/8524273
business efficacy to the transaction must have been intended at all events by both parties. Meaning that both parties wanted to achieve their goals or wishes ...
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https://www.studocu.com/row/document/universiti-teknologi-mara/law-of-contract-ii/test-on-implied-terms/8524273
business efficacy to the transaction must have been intended at all events by both parties. Meaning that both parties wanted to achieve their goals or wishes ...
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77
Contract Negotiations and the Common Law: A Move to Good ...
https://link.springer.com/article/10.1007/s10991-022-09299-2
Common law commercial lawyers have long resisted the lure of “good ... by fact (to give business efficacy to a contract) or by law (to ...
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https://link.springer.com/article/10.1007/s10991-022-09299-2
Common law commercial lawyers have long resisted the lure of “good ... by fact (to give business efficacy to a contract) or by law (to ...
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78
Trade Regulation Rule on Commercial Surveillance and Data ...
https://www.federalregister.gov/documents/2022/08/22/2022-17752/trade-regulation-rule-on-commercial-surveillance-and-data-security
Section 18 of the FTC Act authorizes the Commission to promulgate, modify, and repeal trade regulation rules that define with specificity acts ...
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https://www.federalregister.gov/documents/2022/08/22/2022-17752/trade-regulation-rule-on-commercial-surveillance-and-data-security
Section 18 of the FTC Act authorizes the Commission to promulgate, modify, and repeal trade regulation rules that define with specificity acts ...
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79
2 Implied terms - Contract Law Update - Domain Default page
https://content.allens.com.au/contract-law-update/2-implied-terms/
The court held that, if incorrect in its construction of the contractual provisions, the same outcome would be reached by an implied term of business efficacy.
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https://content.allens.com.au/contract-law-update/2-implied-terms/
The court held that, if incorrect in its construction of the contractual provisions, the same outcome would be reached by an implied term of business efficacy.
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80
Chapter 7 Flashcards | Chegg.com
https://www.chegg.com/flashcards/chapter-7-4c05ae06-f655-4988-b0f6-ab51a4c1a0fc/deck
What is one of the drawbacks of the parol evidence rule? a. ... Business efficacy makes the obligation conditional. b. Business efficacy makes the ...
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https://www.chegg.com/flashcards/chapter-7-4c05ae06-f655-4988-b0f6-ab51a4c1a0fc/deck
What is one of the drawbacks of the parol evidence rule? a. ... Business efficacy makes the obligation conditional. b. Business efficacy makes the ...
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81
Coronavirus State & Local Fiscal Recovery Funds: Overview ...
https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-Overview.pdf
The Overview of the Final Rule provides a summary of major ... Fight the pandemic and support families and businesses struggling with its ...
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https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-Overview.pdf
The Overview of the Final Rule provides a summary of major ... Fight the pandemic and support families and businesses struggling with its ...
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82
Implied terms - SlideShare
https://www.slideshare.net/nelfiamiera/implied-terms
3. give the joint venture agreement business efficacy for 20 years. And if officious bystander had asked about possible change of law, parties who benefit would ...
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https://www.slideshare.net/nelfiamiera/implied-terms
3. give the joint venture agreement business efficacy for 20 years. And if officious bystander had asked about possible change of law, parties who benefit would ...
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83
How might business efficacy imply terms into a - Course Hero
https://www.coursehero.com/file/p2oofuq/pears-to-be-complete-but-unable-to-fulfil-its-purpose-then-a-court-may-imply/
How might business efficacy imply terms into a contract Which of the following from LAW MISC at University of Tasmania.
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https://www.coursehero.com/file/p2oofuq/pears-to-be-complete-but-unable-to-fulfil-its-purpose-then-a-court-may-imply/
How might business efficacy imply terms into a contract Which of the following from LAW MISC at University of Tasmania.
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84
Choice of law in arbitration agreements: ruling provides lessons
https://www.pinsentmasons.com/out-law/analysis/choice-of-law-arbitration-agreements-ruling-lessons
Ruling gives clues on court approach to disputes over choice of law in ... governing law did not depend on the need for business efficacy.
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https://www.pinsentmasons.com/out-law/analysis/choice-of-law-arbitration-agreements-ruling-lessons
Ruling gives clues on court approach to disputes over choice of law in ... governing law did not depend on the need for business efficacy.
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85
Casting Aside 'Officous Bystanders' and 'Business Efficacy'?
https://cronfa.swan.ac.uk/Record/cronfa12328/Details
Casting Aside 'Officous Bystanders' and 'Business Efficacy'? Elizabeth Macdonald. Journal of Contract Law, Volume: 26, Issue: 1, Pages: 97 - 101. Swansea ...
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https://cronfa.swan.ac.uk/Record/cronfa12328/Details
Casting Aside 'Officous Bystanders' and 'Business Efficacy'? Elizabeth Macdonald. Journal of Contract Law, Volume: 26, Issue: 1, Pages: 97 - 101. Swansea ...
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86
CONTRACTS: BASIC PRINCIPLES
https://www.shsu.edu/klett/CONTRACTS%20BASIC%20PRINCIPLES%20ch%2010%20new.htm
the law requires. UNILATERAL AND BILATERAL CONTRACTS [4302]. Every contract involves at least two parties -- the offeror/ promisor, who makes the ...
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https://www.shsu.edu/klett/CONTRACTS%20BASIC%20PRINCIPLES%20ch%2010%20new.htm
the law requires. UNILATERAL AND BILATERAL CONTRACTS [4302]. Every contract involves at least two parties -- the offeror/ promisor, who makes the ...
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87
Arbitration Agreement - Twenty Essex
https://www.twentyessex.com/wp-content/uploads/2022/07/2022_138_LQR_Issue_3_Chan_Phua_PDF-Offprint.pdf
address the Court of Appeal's suggestion that an implied choice of law should be identified only if it passes the “business efficacy” test for the ...
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https://www.twentyessex.com/wp-content/uploads/2022/07/2022_138_LQR_Issue_3_Chan_Phua_PDF-Offprint.pdf
address the Court of Appeal's suggestion that an implied choice of law should be identified only if it passes the “business efficacy” test for the ...
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88
Three Issues in the Law of Contractual Discretion - PMC - NCBI
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9645001/
Furthermore, the concept of 'business efficacy', relied on to imply terms in fact, does not mesh with the term's judicially-stated rationale: ...
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https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9645001/
Furthermore, the concept of 'business efficacy', relied on to imply terms in fact, does not mesh with the term's judicially-stated rationale: ...
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89
CORANTA CORPORATION LIMITED v. MORSE BUSINESS ...
https://www.scotcourts.gov.uk/search-judgments/judgment?id=772287a6-8980-69d2-b500-ff0000d74aa7
Doubtless in further reflection of that, Clause 3.1.3.2 of the Business ... law, or in any event it was necessary to give the Agreement "business efficacy".
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https://www.scotcourts.gov.uk/search-judgments/judgment?id=772287a6-8980-69d2-b500-ff0000d74aa7
Doubtless in further reflection of that, Clause 3.1.3.2 of the Business ... law, or in any event it was necessary to give the Agreement "business efficacy".
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90
Contractual terms relating to performance and breach
https://www.wilberforce.co.uk/contractual-terms-relating-to-performance-and-breach-implication-presumption-or-rule-of-law/
... necessary for business efficacy or so obvious as to go without saying: see e.g. Ali v Petroleum Co of Trinidad and Tobago; Law Debenture ...
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https://www.wilberforce.co.uk/contractual-terms-relating-to-performance-and-breach-implication-presumption-or-rule-of-law/
... necessary for business efficacy or so obvious as to go without saying: see e.g. Ali v Petroleum Co of Trinidad and Tobago; Law Debenture ...
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91
Good faith – is there a new implied duty in English contract law?
https://www.mayerbrown.com/-/media/files/perspectives-events/publications/2013/07/good-faith--is-there-a-new-implied-duty-in-english/files/good_faith_jul2013_corp-alert/fileattachment/good_faith_jul2013_corp-alert.pdf
express duties of good faith in English law contracts seem bound to attract further judicial ... to give business efficacy to commercial transactions.
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https://www.mayerbrown.com/-/media/files/perspectives-events/publications/2013/07/good-faith--is-there-a-new-implied-duty-in-english/files/good_faith_jul2013_corp-alert/fileattachment/good_faith_jul2013_corp-alert.pdf
express duties of good faith in English law contracts seem bound to attract further judicial ... to give business efficacy to commercial transactions.
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92
UNBUNDLED LEGAL SERVICES IN LITIGATED MATTERS IN ...
https://nycourts.gov/ip/partnersinjustice/Unbundled.pdf
A Proposal To Test the Efficacy through Law School Clinics ... special treatment of conflict of interest rules for unbundled representation by nonprofit and ...
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https://nycourts.gov/ip/partnersinjustice/Unbundled.pdf
A Proposal To Test the Efficacy through Law School Clinics ... special treatment of conflict of interest rules for unbundled representation by nonprofit and ...
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93
The Regulation of Fairness and Duty of Good Faith in English ...
https://newjurist.com/fairness-in-english-contract-law.html
English contract law implicitly regulates fairness. ... This would increase business efficacy for English parties, and notably parties from ...
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https://newjurist.com/fairness-in-english-contract-law.html
English contract law implicitly regulates fairness. ... This would increase business efficacy for English parties, and notably parties from ...
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94
Good faith | | 见解与洞察 | DLA Piper Global Law Firm
https://www.dlapiper.com/zh-hans/hongkong/insights/publications/2021/01/2020-annual-sourcing-and-commercial-contracts-case-law-round-up/good-faith/
... otherwise lack commercial or practical coherence (the business efficacy test). Both approaches are currently supported by case law.
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https://www.dlapiper.com/zh-hans/hongkong/insights/publications/2021/01/2020-annual-sourcing-and-commercial-contracts-case-law-round-up/good-faith/
... otherwise lack commercial or practical coherence (the business efficacy test). Both approaches are currently supported by case law.
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95
Implied terms | Litigation notes
https://hsfnotes.com/litigation/tag/implied-terms/
The decision serves as a reminder of the high threshold for implying contractual terms, namely where it is necessary to give business efficacy or so obvious ...
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https://hsfnotes.com/litigation/tag/implied-terms/
The decision serves as a reminder of the high threshold for implying contractual terms, namely where it is necessary to give business efficacy or so obvious ...
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96
What Are the Different Types of Implied Terms? - LegalVision
https://legalvision.com.au/different-types-of-implied-terms/
in fact;; by law;; by custom; and; as a result of past dealings. ... reflects the parties' actual intentions and promotes business efficacy.
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https://legalvision.com.au/different-types-of-implied-terms/
in fact;; by law;; by custom; and; as a result of past dealings. ... reflects the parties' actual intentions and promotes business efficacy.
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97
The main principles of contract interpretation
https://www.hcrlaw.com/blog/the-main-principles-of-contract-interpretation/
It must be reasonable and equitable; It must be necessary to give business efficacy to the contract – no term will be implied if the ...
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https://www.hcrlaw.com/blog/the-main-principles-of-contract-interpretation/
It must be reasonable and equitable; It must be necessary to give business efficacy to the contract – no term will be implied if the ...
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