While a day here or a day doesn`t matter much in most cases, the timing can be critical in some cases. If your contract entails critical obligations where time is of the essence, the correct definition of „business day“ is essential. Neither Thanksgiving Day nor the day after Thanksgiving are included in this list, but they are identified as public holidays for state employees in Article 19853 of the Government Code. Article 6701 of the Government Code optimizes the definition of article 6700 by stipulating: „If January 1, February 12, March 31, July 4, September 9, November 11 or December 25 falls on a Sunday, the following Monday is a public holiday. If on the 11. November falls on a Saturday, the previous Friday is a public holiday. If the term „business day“ is not defined in a particular contract, the definition is the applicable legal definition if the parties have expressly or implicitly included that definition in the contract. Although this authorization is limited by the plain language of the law to public holidays that fall on a Saturday or Sunday, an argument can be made in favour of extending this definition. Article 68115 of the Government Code provides that in the event of an epidemic (and yes, the Statute explicitly uses this word), the president of a court may request the president of the Judicial Council to declare additional judicial holidays and that the president may do so. In response to COVID-19, presiding judges from virtually every county in California have made such requests over the past two months, resulting in court recesses from late March to late May, and perhaps longer, depending on the county you`ll be in. To determine this, we must refer to the legal definition of „business day“ and how it might affect the parties to an agreement.
If time is an issue for the performance of contractual obligations, it is advisable to define the term „working day“ in the contract. If the words are not defined in the contract, the courts will interpret them as they see fit, taking into account the circumstances of the agreement, which may be based on a legal definition or on the interpretation of what they perceive as the intention of the parties […].