Implied Terms in UK Law
- Performance Guarantees, Vessel Arrests, And Implied Terms
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...
- No Hindsight For Implied Terms
Information after completion: buyer reliance on a further assurance clause and implied terms
The High Court has recently had to consider whether a further assurance clause in a share purchase agreement required the seller to provide the buyer with information after completion and whether, ...
- Implied Terms And Entire Agreement Clauses
- The Court Stands Firm On Implied Terms.
Implied terms: Commercial Court refuses to imply term into a commercial agreement requiring a developer to sell a property within a reasonable time to trigger its obligation to pay a fee
Dentons successfully defended a claim against the developer for non-payment of a US$1.12 million fee. The court decided that an agreement requiring payment only on the sale of a property did not co...
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