Implied Terms in UK Law

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Law Firm Commentaries
  • Supreme Court Clarifies Test for Implied Terms
    • JD Supra United Kingdom
    • Latham & Watkins LLP
    • 29 de Febrero de 2016
    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
    • JD Supra United Kingdom
    • White & Case LLP
    • 9 de Febrero de 2017
    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
    • JD Supra United Kingdom
    • Allen & Overy LLP
    • 10 de Marzo de 2017
    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
    • JD Supra United Kingdom
    • Allen & Overy LLP
    • 23 de Noviembre de 2020
    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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