Show Summary Details
Page of

(p. 89) 7. Express and implied terms 

(p. 89) 7. Express and implied terms
(p. 89) 7. Express and implied terms

Elizabeth Macdonald

and Ruth Atkins

Page of

PRINTED FROM OXFORD LAW TROVE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Law Trove for personal use (for details see Privacy Policy and Legal Notice).

date: 17 February 2020

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.

Access to the complete content on Law Trove requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access code, please see the information provided with the code or instructions printed within the title for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us.