Commentary

121 Implied term as to consideration

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

121 Implied term as to consideration

| Commentary

121 Implied term as to consideration

There is an implied term that the party contracting with the supplier will pay a reasonable charge1. The implied term will apply where consideration is:

  1. 121.1

        not determined by the contract2; or

  2. 121.2

        left to be determined in a manner agreed by the contract; or

  3. 121.3

        determined by the course of dealing between the parties.

What is a reasonable charge is a question of fact3.

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