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Tomlin Order agreed and signed on 1st Jan 2021. Concerns removal of Hogweed from Claimant's property by Defendant. Order states that:
1.) Defendant shall make enquiries with PCA contractors within 28 days of the date of this Order.
2.) The Defendant shall instruct contractors to treat and remove the hogweed.
The Defendant made enquiries of just one contractor (Contractor A) within 28 days of the Order.
Question is - are there implied terms within this contract that Contractor A must be instructed, or can the Defendant instruct another contractor outside of the 28 day window without breach of the Tomlin Order?
1.) Defendant shall make enquiries with PCA contractors within 28 days of the date of this Order.
2.) The Defendant shall instruct contractors to treat and remove the hogweed.
The Defendant made enquiries of just one contractor (Contractor A) within 28 days of the Order.
Question is - are there implied terms within this contract that Contractor A must be instructed, or can the Defendant instruct another contractor outside of the 28 day window without breach of the Tomlin Order?
