nécessition
Necessitation is a legal doctrine that allows a party to enforce a contract by showing that the other party would not have entered into the contract if certain essential terms had not been included. This doctrine is often used in situations where a contract is silent on critical issues, and the party seeking to enforce the contract argues that the other party would not have agreed to the contract without the necessary terms.
The concept of necessitation is rooted in the principle that parties to a contract are presumed to
Necessitation is distinct from other doctrines such as estoppel and promissory estoppel, which also involve the
The application of necessitation requires a showing of several elements, including that the term is necessary
Necessitation is a complex area of contract law, and its application can vary significantly depending on the