In Crest Ridge Construction v. Newcourt, where Newcourt demanded payment in full before delivery because Crest Ridge did not have a credit history, the court held Newcourt had the right to impose that payment term given the reality of the matter.

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The court held that Newcourt could not impose the payment term of full payment before delivery because it was not part of the original agreement and Crest Ridge had a reasonable expectation of credit terms.

In Crest Ridge Construction V