Implied Term of Contract in UK Law

Leading Cases
  • Lister v Romford Ice and Cold Storage Company Ltd
    • House of Lords
    • 20 Dic 1956

    It is trite law that a single act of negligence may give rise to a claim either in tort or for breach of a term express or implied in a contract. Of this the negligence of a servant in performance of his duty is a clear example.

    Just as the duty of care, rightly regarded as a contractual obligation, is imposed on the servant, or the duty not to disclose confidential information (see Robb v. Green [1895] 2 Q.B. 315), or the duty not to betray secret processes (see Amber Size and Chemical Company, Limited v. Menzel [1913] 2 Ch. 239), just as the duty is imposed on the master not to require his servant to do any illegal act, just so the question must be asked and answered whether in the world in which we live today it is a necessary condition of the relation of master and man that the master should, to use a broad colloquialism, look after the whole matter of insurance.

    What mattered was that the duty was there. It is a familiar position in our law that the same wrongful act may be made the subject of an action either in contract or in tort at the election of the claimant, and, although the course chosen may produce certain incidental consequences which would not have followed had the other course been adopted, it is a mistake to regard the two kinds of liability as themselves necessarily exclusive of each other.

    Some contractual terms may be implied by general rules of law. These general rules, some of which are now statutory, for example, Sale of Goods Act, Bills of Exchange Act, etc., derive in the main from the common law by which they have become attached in the course of time to certain classes of contractual relationships, for example, landlord and tenant, innkeeper and guest, contracts of guarantee and contracts of personal service.

  • Omilaju v Waltham Forest London Borough Council
    • Court of Appeal (Civil Division)
    • 11 Nov 2004

    A final straw, not itself a breach of contract, may result in a breach of the implied term of trust and confidence. The quality that the final straw must have is that it should be an act in a series whose cumulative effect is to amount to a breach of the implied term. I do not use the phrase "an act in a series" in a precise or technical sense. The act does not have to be of the same character as the earlier acts.

  • Conlon v Simms
    • Chancery Division
    • 09 Mar 2006

    The Amended Particulars of Claim also plead a contractual duty, namely the implied duty of good faith which is breached by such non-disclosure. Mr Engelman cited the decision in Trimble v Goldberg [1906] AC 494, at 500 (P.C.) for the proposition that a breach of contract arising as a result of breach of an implied term of good faith sounds in damages. But the Privy Council in that passage was speaking of breach of an express term not to purchase property for the partner's own account.

  • R v Yuthiwattana
    • Court of Appeal (Criminal Division)
    • 15 Jun 1984

    Mr. Stephenson's submission on this point would, if correct, give rise to strange results. Mr. Nelson was originally given one, and when it disappeared the appellant refused to replace it. Without being given a replacement, or having one on loan, he could not replace it by having another key cut. He had to depend for the rest of his time there on someone being in the premises to let him in, and that state of affairs continued until 2nd May.

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  • Employment Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ...... Act 1996; to make provision about fixed-term work; to make provision about flexible working; ...whether or not they arise under his contract of employment, but. . . (b) does not include ...apprenticeship, whether express or implied, and (if it is express). whether oral or in ......
  • Consumer Rights Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... 1 . Consumer contracts for goods, digital content and services PART 1 . ... the contract is written or oral or implied from the parties' conduct, or more than one of ... which this Part applies, see Part 2 (unfair terms). S-2 . Key definitions 2 Key definitions . ......
  • Insurance Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... to make new provision about insurance contracts; to amend the Third Parties (Rights against ... whether to take the risk, and if so on what terms (whether the individual does so as the insurer's ... law that breach of a warranty (express or implied) in a contract of insurance results in the ......
  • Supply of Goods and Services Act 1982
    • UK Non-devolved
    • 1 de Enero de 1982
    ...... An Act to amend the law with respect to the terms to be implied in certain contracts for the ......
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Books & Journal Articles
  • Editorial
    • Núm. 20-4, Octubre 2017
    • Journal of Money Laundering Control
    • 322-324
    ...... systems of law includingSpain, or as an implied term of contract,as in many common law ......
  • Buckland v Bournemouth University Higher Education Corp: Statutory Constructive Dismissal and the Implied Term of Mutual Trust and Confidence
    • Núm. 74-1, Enero 2011
    • The Modern Law Review
    The decision of the Court of Appeal in Buckland v Bournemouth University Higher Education Corp [2010] EWCA Civ 121; [2010] ICR 908; [2010] IRLR 445 is one which has ramifications for the common law...
    ...... 4(2) of the1993 Directiv e s ought to disting uish between a general power in courts to review the fairness of standardterms in consumer contracts and a general lack of any p ower to re view the fairness of the bargain itself: as long as the terms expres sing it are tr anspar ent, this sho uld ......
  • Industrial Relations in the United Kingdom
    • Núm. 10-3, Noviembre 1972
    • British Journal of Industrial Relations
    ...... had no authority, express or implied, for the blacking and that therefore ... Implied Term of Contract of Employment The Government ......
  • Unsatisfactory Implication - a Case for Revision. Dalmare SpA v Union Maritime Ltd and Valor Shipping Ltd [2012] EWHC 3537 (Comm)
    • Núm. 3-1, Enero 2013
    • Southampton Student Law Review
    • Mateusz Bek
    • 69-72
    Until the decision in Air Transworld1 it had been trite law that unequivocal language was necessary in order to exclude from a contract a term implied by a statute. The recent judgement in The Unio...
    ...... was necessary in order to exclude from a contract a term implied by a statute. The recent judgement ......
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Law Firm Commentaries
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