Trans-Lex Administrative Information Document-ID: 928900 [click here to copy citation to clipboard] Please Cite as: "http://www.trans-lex.org/928900". Social Networks
No. IV.6.1 - Express and implied obligations(a) The contractual obligations of the parties may be express or implied. (b) Implied obligations stem from i) the nature and the purpose of the contract; ii) practices established between the parties and usages; iii) good faith and fair dealing; or iv) reasonableness. Trans-Lex Commentary [open]Please click below for (full) text references [principles / restatements] [model laws]There are no Threads related to this document. Open one by yourself. |
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Please cite as: "Commentary to Trans-Lex Principle No. IV.6.1 - Express and implied obligations, http://www.trans-lex.org/928900"
Subsection (a) takes account of the fact that the parties may provide for their contractual obligations in their contract expressly or by implication. In the latter case, these obligations must be determined by application of the general principles of contract interpretation, taking into account the aspects listed in Subsection (b). The list itself makes reference to Principles of transnational law, such as good faith, trade usages and the standard of reasonableness.