Читать книгу Canadian Business Contracts Handbook - Nishan Swais - Страница 60

By defining your rights and obligations, a contract allocates risk among the contracting parties. If the parties do not meet those obligations, they risk the legal consequences of non-performance.

Returning to our example, we saw how you bear the legal risk of providing a forklift to a buyer, at a certain time, for a certain price. The buyer bears the risk of paying the purchase price of the forklift.

If you also state that the forklift has a certain load capacity, then you have further been allocated the risk of ensuring that statement is true. If you simply say nothing about the load capacity, the risk lies with the buyer that it cannot lift anything heavier than a paper clip.