Search results
Results from the WOW.Com Content Network
For example, the Unfair Terms in Consumer Contracts Regulations 1999, which give effect to a European directive, contain a requirement of good faith. Several other examples of legislation implementing EU directives that use this concept are mentioned in Chitty on Contract Law (31st Ed), Vol 1 at para 1-043.
Reasonableness and equitableness: The implied term must be reasonable and equitable. In Biotechnology Australia Pty Ltd v Pace, [17] it was held a term that imposes a significant detriment or burden on the other party is unlikely to be equitable. Business efficacy: The implied term must be necessary for the business efficacy of the contract ...
Part 4 – The Terms of Contract Chapter 12 – Express Terms, Chapter 13 – Implied Terms, Chapter 14 – Exemption Clauses, Chapter 15 – Unfair Terms in Consumer Contracts; Part 5 – Illegality and Public Policy: Chapter 16 – Illegality and Public Policy; Part 6 – Joint Obligations, Third Parties, and Assignment
Terms implied "in law" are confined to particular categories of contract, particularly employment contracts or contracts between landlords and tenants, as necessary incidents of the relationship. For instance, in every employment contract , there is an implied term of mutual trust and confidence , supporting the notion that workplace relations ...
The House of Lords held that the employers had breached a contractual duty, implied into the employment contracts, to properly inform their employees about their rights. Lord Bridge, distinguished terms implied ‘in fact’ to reflect the parties’ unexpressed common intentions and those implied ‘in law’. He went on as follows.
Southern Foundries (1926) Ltd v Shirlaw [1940] AC 701 is an important English contract law and company law case. In the field of contracts it is well known for MacKinnon LJ's decision in the Court of Appeal, where he put forth the "officious bystander" formulation for determining what terms should be implied into agreements by the courts.
Baird sued M&S on the grounds that they should have been given reasonable notice. The problem was that there was no express contract under which such a term could be said to have arisen. Baird argued that a contract should be implied through the course of dealings. The judge found there was no such contract, and Baird appealed to the Court of ...
The parol evidence rule is a rule in common law jurisdictions limiting the kinds of evidence parties to a contract dispute can introduce when trying to determine the specific terms of a contract [1] and precluding parties who have reduced their agreement to a final written document from later introducing other evidence, such as the content of oral discussions from earlier in the negotiation ...