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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