A contractual term using a phrase that is also a statutory defined term may bear a generic meaning different from the statutory definition where the objective intention of the parties, discerned from the language, context and commercial purpose, supports that construction. Where a regulatory regime is restructured and the aggregate of new authorities confers substantially the same core functional rights as the former authority, the new authorities may constitute the equivalent of the former authority for contractual purposes. An express good faith term and implied cooperation term in a government contract cannot impose an obligation to procure a particular outcome where the contract expressly states that the relevant principles are not binding on the executive or legislature.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
2 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.