Implied Terms - Why Do They Matter?
It is a well-established rule at common law that there are circumstances when a court will be prepared to imply an additional term into a contract.
The rules on this were summarised by Lord Neuberger in the case of Marks and Spencer v Parabis and since then there have been a series of interesting cases that have applied these rules.
This lunchtime live broadcast will set out a summary of these recent developments.
What You Will Learn
This session will cover the following:
- Statutory sources of implied terms
- Relationship between implied terms and the Unfair Contract Terms Act 1977
- Common law rules on implied terms
- Limits on application
- The relevant tests to be applied
- Interpretation and application of the ‘business efficacy’ test
- Interpretation and application of the ‘officious bystander’ test
- The ‘no contradiction’ rule - implied terms v express terms
- Recent examples of implied terms being approved by the courts
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.
Please let us know if you wish to be notified.