The most obvious example of indeterminacy is the word reasonable. It introduces an objective standard into the contract. The term “appropriate” limits the discretionary assessment or effect of strict obligations. When it limits the exercise of discretion, it requires that a party be able to explain its performance (or not the expected performance). When the term “appropriate” is included for the purpose of reducing the “hardness” of a strict contractual term, it introduces a reasonable approach to interpreting what can normally be expected from a party`s performance. The standard of adequacy is usually determined by referring to a well-informed third party with the same competence as in the same circumstances. The customer must reimburse the provider for reasonable costs incurred in connection with the services. 12 Bell P also considered whether there was a difference between the government on the issue of a reasonable period of time for the implementation of an obligation, whether the promising party had used the efforts of an appropriate entity, the economic feasibility and cost-effectiveness of such an approach, and the financial resources and business acumen of a party.12 Bell P also examined whether there was a difference between the authorities on the question of a reasonable period of time to perform an obligation, which is different from the exercise of a right. Ultimately, his honour noted that this is a “question of fact and law” that may vary depending on the nature of the obligation or right, but does not apply to particular rules of rights in relation to the obligations themselves.
But I will start by reflecting in this speech on how the concept of adequacy is used in the Treaties. .