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(p. 89) 7. Express and implied terms 

(p. 89) 7. Express and implied terms
Chapter:
(p. 89) 7. Express and implied terms
Author(s):

Elizabeth Macdonald

and Ruth Atkins

DOI:
10.1093/he/9780199644834.003.0007
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date: 18 September 2019

This chapter looks at the creation of express and implied terms. In particular, it deals with spoken statements becoming express terms and the different types of implied terms. Terms implied in fact, in law, and by custom are addressed. The traditional ‘business efficacy test’, and ‘officious bystander test’ are looked at in relation to terms implied in fact, and the developments in Belize Telecom. Consideration is given to the requirements for terms to be implied in law, at common law, and the growing recognition that, despite references to ‘necessity’, the implication of such terms is concerned with issues of fairness, reasonableness, and social policy.

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