Commentary

125.5 The ‘reasonableness’ test

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

125.5 The ‘reasonableness’ test

| Commentary

125.5 The ‘reasonableness’ test

  1. 125.5.1

        The term must have been a fair and reasonable one to be included having regard to the circumstances which were, or ought reasonably to have been, known to or in the contemplation of the parties when the contract was made1.

  2. 125.5.2

        In relation to a notice, it should be fair and reasonable to allow reliance on the notice, having regard to all the circumstances obtaining when the liability arose or (but for the notice) would have arisen2.

  3. 125.5.3

        In determining, for the purposes of Section 6 or 7, whether a contract term satisfies the

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