The court was asked whether the implication of terms into a written contract implied that it was not a contract in writing under ection 107. HHJ Seymour QC said: ‘it may be necessary to consider carefully the effect of s. 107 of the 1996 Act as interpreted by the Court of Appeal in RJT . . in a case in which it is found that an alleged agreement which has been performed can be completed so as to result in a binding contract by some such implication of terms as was postulated by Steyn LJ in G Percy Trentham Ltd v Archital Luxfer Ltd . . The Court of Appeal did not expressly consider what the position would be if a contract included terms which were to be implied . . It may be that the mischief which Parliament was anxious to avoid does not arise in a case in which terms fall to be implied into a contract as a matter of law, regardless of the actual intention of the parties. However, it could arise in an acute form if it were suggested that a contract, not otherwise complete, could be completed after it had been executed by the implication of terms which were said [to] represent the actual, but unexpressed, intention of the parties.’
Judges:
HHJ Seymour QC
Citations:
[2008] EWHC 1570 (TCC)
Links:
Statutes:
Housing Grants, Construction and Regeneration Act 1996 107
Jurisdiction:
England and Wales
Cited by:
Cited – Allen Wilson Joinery Ltd v Privetgrange Construction Ltd TCC 17-Nov-2008
The claimant sought summary judgment to enforce an arbitration award in a construction dispute. The defendants argued that the contract was not sufficiently evidenced in writing to accord with the 1996 Act. The claimants replied that any oral . .
Lists of cited by and citing cases may be incomplete.
Construction, Contract
Updated: 19 July 2022; Ref: scu.272321