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Trade Usages and Implied Terms in the Age of Arbitration$
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Fabien Gélinas

Print publication date: 2016

Print ISBN-13: 9780199916016

Published to Oxford Scholarship Online: May 2016

DOI: 10.1093/acprof:oso/9780199916016.001.0001

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White Space, Implied Terms, and the Concept of Usage in Quebec

White Space, Implied Terms, and the Concept of Usage in Quebec

Chapter:
(p.37) Chapter 3 White Space, Implied Terms, and the Concept of Usage in Quebec
Source:
Trade Usages and Implied Terms in the Age of Arbitration
Author(s):

Marie-Claude Rigaud

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199916016.003.0004

In graphic design, illustration, and sculpture, white space—or negative space—is key to aesthetic composition, revealing the meaning of the object it surrounds. A contractual text may similarly be viewed as surrounded by white space in the form of obligations that, for reasons of practicality, flexibility, or speed, remain unsaid. Quebec’s subjective approach to contracts assures a great deal of respect for such white space. Quebec courts have conditioned the inclusion of usages within a contract on whether there is some likelihood that the parties have given their consent to or have contemplated certain usages. The intent of the parties to be bound by usage is of the utmost importance in determining the obligational content of a contract reflecting a relationship between parties.

Keywords:   contract interpretation, Quebec, usages, subjectivism, white space, relational analysis

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