Implied Terms in English Contract Law

Implied Terms in English Contract Law

Richard Austen-Baker

Implied Terms in English Contract Law is a unique book dedicated to stating the law of England and Wales regarding the implication of terms into contracts. The law on this important subject is stated systematically and in detail, with the benefit of close analysis of the leading cases on implication at common law, by statute, by custom, trade usage, course of dealing and in fact.

Chapter 4: Terms Implied at Common Law II: Specific Instances

Richard Austen-Baker

Subjects: law - academic, commercial law, law of obligations


INTRODUCTION 4.01 It is not possible, certainly not within the scope of a book of this length, to enumerate all terms currently implied at common law. Such terms are numerous and also specialized, requiring for proper understanding an appreciation of specialist areas of legal practice. Moreover, such a list would doubtless soon be out of date as new terms are implied arising from the exigencies of litigation in many different fields of industrial and commercial endeavour. Therefore, the best repository of information on such terms is inevitably specialist practitioner works on such areas as construction law, charterparties, maritime law generally, employment law and so on. Nonetheless, it is possible to highlight some of the more commonly found terms of this type, illustrative and exemplary as they are, and we will attempt to do so here. 4.02 We shall consider in this chapter implied terms in employment contracts in some detail, before touching in less detail on a small range of other instances of terms in common contracts. Some terms implied in law have now been put into statutory form, particularly in the fields of sale and supply of goods, supply of services, and hire purchase agreements. These instances will be discussed in their proper place in Chapter 6, on terms implied by statute. EMPLOYMENT CONTRACTS: THE EMPLOYEE’S OBLIGATIONS1 4.03 The field of employment law has been particularly fecund in respect of terms implied in law, and especially so over the last 20 years or so. On employment contracts generally, see...

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