WK 9 - Implied Terms

Question 1

Terms are implied by two ways

Answer 1

(1) Law
(2) Fact

Question 2

Categories of terms implied by law

Answer 2

(1) Statute [e.g., codifying common law, Sale of Goods Act]

(2) Common law

(3) Custom/usage

(4) Affect similar contracts/type of contract

Question 3

Category of terms implied in fact

Answer 3

Affect individual contracts

Question 4

Implied terms by statute examples

Answer 4

• Working Time Regulations 1998
• Commercial Agents (Council Directive) Regulations 1993
• Sale of Goods Act 1979 / Consumer Rights Act 2015

Question 5

Implied terms under common law for solicitors and employment

Answer 5

Solicitors: Duty of care

Employment: Duty of mutual trust/confidence

Question 6

Implied terms by custom

Answer 6

“ ……every reasonable man on the one part would desire for his own protection to stipulate for the condition and that no reasonable man on the other would refuse to accede it, then it is not unnatural that the condition should be taken for granted in all contracts of this class without the necessity of giving it formal expression.” at 1224 per Lord McLaren