Implied Terms in UK Law
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Legislation
Books & Journal Articles
- Richard Austen-Baker, Implied Terms in English Contract Law
- The Supply of Goods (Implied Terms) Act 1973
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Belize It or Not: Implied Contract Terms in Marks and Spencer v BNP Paribas
In Marks and Spencer v BNP Paribas, the Supreme Court restated the law on the implication of terms in fact, rejecting the previously authoritative approach taken by Lord Hoffmann in Attorney Genera...
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Consumer Protection and the Trade Practices Act 1974–1975 (CTH)
While State legislatures have responded, to some extent, to pressure for greater legal protection of consumers, consumer protection had never been an area of legislative activity on a national leve...
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Law Firm Commentaries
- Performance Guarantees, Vessel Arrests, And Implied Terms
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Supreme Court Clarifies Test for Implied Terms
The Supreme Court has clarified that, for a term to be implied into an agreement, it must be either necessary for business efficacy or so obvious that it goes without saying. This is a significant ...
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Implied terms: Lord Neuberger's Cardinal Rule Applied
In IBRC v Camden, the Court of Appeal held that a lender's express contractual power to market a loan was not subject to an implied limitation that doing so should not interfere with the borrower's...
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Substantive inconsistency between express and implied terms
The Court of Appeal has considered the question of when a proposed implied term should be considered “inconsistent” with an express term of a contract, contrasting direct linguistic inconsistency a...
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