Notes

CA 7.3
When someone places an order for goods or services, the law says that the other party to pay a reasonable amount for the goods and services as it is the intention of the parties that goods or services are not to be provided for free, but rather are to be purchased.

CT 7.3
The supreme court stated that the parties might be free to modify this duty by contract in the right circumstances but could not eliminate the duty’s “core requirements”, which give the right to interfere with the freedom of contract.

DS 7.1
In Bhasin v Hrynew, a unanimous Supreme Court of Canada recognised that good faith contractual performance is a general organising principle of Canadian common law, and that parties to a contract are under a duty to act honestly in the performance of their contractual obligations. If the main reason for XYZ is to make ABC Ltd's mall look less attractive and busy than it would be considered to be a breach of the duty of honesty as he is not giving his best efforts as promised.

7.2
There is no express for Reggie to acquire this approval because, as Louise pointed out he is the one who has the information. The precedent states that the vendor in such circumstances is required to make good faith efforts to obtain such approval.

7.7
Lucy is not bound to this new clause because it came in too late. Lucy's contract with Trident was stated when she checked "YES" on the terms and conditions, this clause was not accessible via the hyperlink available on the webpage therefore it was not easily accessible and she is not bound by it.

7.8
Both have valid arguments. Amritha is right because the strict interpretation of the contract states that Trackers now owes Coasters 15000 dollars in late delivery fees. However, because Coasters is behind schedule and even if they had the materials they wouldn't have used them Trackers can argue that no damages have been done and the clause was not meant to be under these circumstances. Additional information that might be useful is a clause that might overrule this policy.