Implied Terms

Question 2

When will a court imply a term into a contract?

Answer 2

If it is necessary to give the contract business efficacy.

Question 3

How can terms be implied based on industry practices?

Answer 3

Terms may be implied based on custom and usage in the industry or market standard for the relevant field.

Question 4

What else can lead to implied terms in a contract?

Answer 4

Terms may also be implied based on a regular and consistent course of dealings between the parties.

Question 5

What happens if a contract is too vague or incomplete?

Answer 5

If a contract is so vague that a court cannot determine the parties’ intentions, the court will not enforce it.

Question 6

Can a court enforce a contract if part of it is uncertain?

Answer 6

Yes, the court may sever the uncertain part and enforce the rest of the contract if it doesn’t affect the whole.