Implied Terms in UK Law
Books & Journal Articles
- The Supply of Goods (Implied Terms) Act 1973
The circular economy and the implied terms of contract in English sales law
Purpose: The purpose of this article is to examine the contractual framework for the sale of goods in order to gauge whether the English sales law regime can promote a circular business model. Des...
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...
The Continuing Conceptual Crisis in the Common Law of the Contract of Employment
The effects on the common law of the contract of employment of the decision of the House of Lords in Johnson v Unisys Ltd are considered. The focus is on liability rather than remedies. It is argue...
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Law Firm Commentaries
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 ...
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...
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...
Harsh but fair? Implied terms won’t save you if written agreement clear
The Court of Appeal has confirmed, if confirmation were needed, that no term may be implied into an agreement where that implied term conflicts with the express wording of that agreement, even if t...
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