|
You didn't seem to disagree with Tyche when he stated "Intent is a consideration in contract law."
However here is a cite for you:
In particular (from Wallace v. United Grain Growers Ltd., [1997] 3 S.C.R. 701) "...terms may be implied on the basis of custom or usage, presumed intention, and as legal incidents of a particular class or kind of contract, the nature and content of which have to be largely determined by implication" and "the implication of a term as legal incident need only be necessary in the sense that it is required by the nature of the contract rather than the presumed intentions of the particular parties". Now note the part of the Diku license which states "By breaking these rules you violate the agreement between us and the University". The question then becomes, what was their agreement with the University.
|