Commentary

120 Implied term as to time for performance

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

120 Implied term as to time for performance

| Commentary

120 Implied term as to time for performance

There is an implied term that where, under a relevant contract for the supply of a service, a supplier is acting in the course of a business, the supplier will carry out the service within a reasonable time. This implied term will apply where the time for the service is:

  1. 120.1

        not fixed by the contract; or

  2. 120.2

        left to be fixed in a manner agreed by the parties; or

  3. 120.3

        determined by the course of dealing between the parties1.

What is a reasonable time is a question of fact

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial