The implication of a term into a contract does not depend on the parties’ intention, actual or presumed, but on broader considerations.
As to the requirement for certainty when implying a term into a contract, the proposed implied term must be ‘reasonably certain’ (per Sales J in Torre Asset Funding, cited by Lewison at para 6-10), a relative lack of precision in defining an implied term may not be a reason not to imply a term for a court will not shrink from deciding which side of the line a particular case falls
Judges:
Lord Denning (dissenting), Bridge LJ
Citations:
[1976] 1 WLR 1187, [1977] 1 All ER 481
Jurisdiction:
England and Wales
Cited by:
Cited – Allan Janes Llp v Johal ChD 23-Feb-2006
The claimant sought to enforce a restrictive covenant against the defendant a former assistant solicitor as to non-competition within a certain distance of the practice for a period of three years. After leaving she had sought to set up partnership . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 01 December 2022; Ref: scu.240038