Friday, July 8, 2011

Implied terms

  • A terms is implied if it is read intot he contract by the court or by the legislators , and it is necessary in the business sense to give efficacy to the contract . 
  • An implied terms is an integral part of a contract despite the parties not having expressly provided for it . 
  • Terms may be implied at common law or by statute  , i.e. the interpretation of implied terms by the court is justified by reference to a number of acceptable practices e.g. custom or trade usage ; or to apply the provisions of a statue . 
  • A term may be implied to cure an ovious omission to complete a contract or to express a generally accepted incident of a contract . Example : in a contract for service , if no price is fixed , a reasonable price is implied .

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