The implication of an additional term into a contract is dependant on it being the sole solution. As to the implication of terms generally: ‘The question whether a term should be implied, and if so what, almost inevitably arises after a crisis has been reached in the performance of the contract. So the court comes to the task of implication with the benefit of hindsight, and it is tempting for the court then to fashion a term which will reflect the merits of the situation as they then appear. Tempting, but wrong.’
Judges:
Sir Thomas Bingham M.R., Stuart-Smith and Leggatt L.JJ
Citations:
Ind Summary 31-Oct-1994, [1995] EMLR 472
Jurisdiction:
England and Wales
Citing:
Approved – BP Refinery (Westernport) Pty Ltd v The Shire of Hastings PC 1977
(Victoria) The Board set out the necessary conditions for a clause to be implied into a contract.
Held: Lord Simon of Glaisdale said: ‘Their Lordships do not think it necessary to review exhaustively the authorities on the implication of a . .
Cited by:
Cited – John Roberts Architects Ltd v Parkcare Homes (No. 2) Ltd TCC 25-Jul-2005
The defendant had taken a dispute to adjudication, but then abandoned those proceedings, upon which the adjudicator awarded costs against the defendant which the claimant now sought to enforce. The defendant argued that the award was outside the . .
Cited – Bradmount Investments Ltd v Williams De Broe Plc and others ChD 10-Nov-2005
The claimants alleged that the defendants had wrongfully induced a breach of contract. There had been a proposal to float a company on the AIM. It was put to the defendant under protection of an agreement so that they might consider working as . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 01 December 2022; Ref: scu.84709
