Talk:Implied terms in English law
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Piffle
[edit]This is a terrible article. Even the title of the article is terrible. This should be about implied terms in English law contracts, for a start.
The introductory paragraph is flat out wrong:
- Implied terms in English law refers to the practice of setting down default rules for contracts, when terms that contracting parties expressly choose run out, or setting down mandatory rules which operate to override terms that the parties may have themselves chosen. The purpose of implied terms is often to supplement a contractual agreement in the interest of making the deal effective for the purpose of business, to achieve fairness between the parties or to relieve hardship
What's this nonesense about default rules, and mandatory rules that override terms the parties have chosen?
English courts will imply terms only where the contract does not work without them. They are terms that "go without saying", and unless the law has changed mightily since I studied it 20 years ago, this has nothing to do with achieving fairness or relieving hardship. It is simply a matter of making a contract functional which otherwise would not be. I believe the tests are "business efficacy" (the term must be necessary to give the contract business effect; if the contract makes business sense without it, the courts will not imply a term), articulated in the great case of The Moorcock (1889) 14 PD 64, or the "officious bystander test" and it was articulated in the almost equally great case of Shirlaw v. Southern Foundries [1939] 2 KB 206. ElectricRay (talk) 09:41, 9 January 2015 (UTC)
Frustration
[edit]The hyperlink term "frustration" ( first line of 3rd paragraph ) goes to the emotion, when I think it should go to "Frustration of purpose". GeoffAvogadro (talk) 10:10, 26 February 2019 (UTC)