Certainty Of Contract Prevails: Trial Judge Erred In Enforcing An Implied Contractual Term

It should not come as a surprise to anyone that the terms of a contract matter. Courts, however, are sometimes inclined to base the obligations of contracting parties on what the court perceives to be "reasonable" or "fair" rather than on what the terms of the contract actually say. But a recent decision of the Divisional Court confirms that a party should not be held to account for obligations it did not accept, especially where such obligations conflict with what the parties have expressly agreed to in writing.

Background

In Zimon v Turnbull, a homeowner hired an interior designer and project manager to design and oversee renovations to her home. The parties put their contract in writing. In the written contract, the parties agreed that no warranty would be provided against defects in products and workmanship supplied by contractors to the renovation.