Why would the common law have, and judges rely on, the doctrine of business efficacy....
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Why would the common law have, and judges rely on, the doctrine of business efficacy. It allows courts to enforce the contracts they want to see honoured and to allow others to fail. It allows courts to reasonably fill in necessary gaps in a commercial contract to ensure it is enforceable. It permits courts to essentially reinterpret contract provisions that no long fit the business circumstances. It allows parties to always rely on the most efficient form of contract completion knowing they will not be sued
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