CONTRACT LAW — Formation of Contract — Written Contract — Court’s Duty to Enforce, Not Rewrite
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Bilante Int'l Ltd v. NDIC (2011) NLC-123-177-1996(SC) at p. 21; Paras B—C:
"Where the terms of a written contract are clear, the court should ensure there is enforcement of the contract and not rewrite the contract for the parties."
Explanation / Scope
This principle establishes that where the terms of a written contract are clear, the court should enforce the contract rather than rewrite it. The principle applies in contract disputes. It ensures that contracts are enforced as written. The principle reflects the sanctity of contract. It prevents courts from imposing terms. The court must enforce the contract. The principle provides guidance on written contracts.