Implied Terms in English Contract Law

Austen-Baker, Richard (2013) Implied Terms in English Contract Law. In: Commercial Contract Law, Transatlantic Perspectives. Cambridge University Press, New York, pp. 225-239. ISBN 978-1-107-02808-1

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The law of England and Wales, in respect of contracts, recognizes no general doctrine of good fath, such as exists in other jurisdictions. Nevertheless, various doctrines and techniques in the law, for instance misrepresentation, mistake, duress, and implied terms are frequently seen as playing specialized roles in securing at least a minimum level of good fath. This chapter considers implied terms from this perspective and argues that they certainly have been used in this way but that, as a technique, implication of terms is neutral, in no small part because of the double-edged nature of the rules (terms can be/must not be implied in given circumstances). Decisions which decline to imply a term are as telling about the techniques's tendency to secure good faith outcomes as those in which a term is acutally implied.

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25 Apr 2013 10:13
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21 Nov 2022 15:13