Codelfa contracted with the State Rail Authority to excavate tunnels to do the concrete work on...

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Codelfa contracted with the State Rail Authority to excavatetunnels to do the concrete work on the construction of Sydney’sEastern Suburbs Railway. Various stages of the work were to becompleted by certain dates, and the whole contract was to becompleted within 130 weeks. Due to building noise, local residentsapplied for and were granted Injunctions to restrain work duringthe night, and as a result, Codelfa could not complete the contracton time.
Required: 1. Can a Term be implied into a contract to requirethe State Rail Authority to give an extension of time?
2. Discuss the legal condition of the Performance of thecontract.

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3.9 Ratings (461 Votes)

1 No a term cannot be implied into a contract to require the State Rail Authority to give an extension of time There are five conditions which need to be satisfied for a term to be implied It must be reasonable and equitable It must be necessary to give business See Answer

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