Principle 8: Implied Terms

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ID: 313343
2026
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Abstract
Abstract This chapter considers the circumstances in which the courts will imply terms into contracts. Words are implied in fact into a contract if the parties must objectively have intended them. This will be the case either if they are so obvious that there was no need to express them, or if they are necessary to make the contract work in a business context. The chapter discusses the controversies which have arisen in recent years concerning the scope of a court’s ability to imply terms into a contract. It discusses the tests for the implication of terms and gives practical examples of when they have been applied.
Reference Key
openalex_W7161413647 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Richard Calnan, Paul S. Davies
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/law/9780198897163.003.0009
URL
https://doi.org/10.1093/law/9780198897163.003.0009
Keywords Keywords not found

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