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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 ...
In English law, an employment contract is a specific kind of contract whereby one person performs work under the direction of another. The two main features of a contract is that work is exchanged for a wage, and that one party stands in a relationship of relative dependence, or inequality of bargaining power.
In English Law, This principle was established in the case of Spring v NASDS, [16] in the context of a Trade Union membership contract. Clear expression: The term must be capable of clear expression. No specific technical knowledge should be required. Consistency: The implied term may not contradict an express term.
In English law, this principle was established in the case of Spring v NASDS, [20] in the context of a trade union membership contract. Clear expression: The term must be capable of clear expression. No specific technical knowledge should be required. Consistency: The implied term may not contradict an express term.
The Law Commission and the Scottish Law Commission have recommended that the Unfair Terms in Consumer Contracts Regulations 1999 and the Unfair Contract Terms Act 1977 should be replaced by a more unified and coherent regime. [2] As of 2015, the Law Commission's recommendations were implemented in part by Part 2 of the Consumer Rights Act 2015
A clear distinction is drawn in the speeches of Viscount Simonds in Lister v Romford Ice and Cold Storage Co Ltd [1957] AC 555 and Lord Wilberforce in Liverpool City Council v Irwin [1977] AC 239 between the search for an implied term necessary to give business efficacy to a particular contract and the search, based on wider considerations, for ...
The Court of Appeal held that Bloomsbury Health Authority had to pay damages for the harm to Dr Johnstone's health, and by a majority based this decision on the common law, but for different reasons. Stuart-Smith LJ held that an implied term in law can prevail over an express term. He set out that there was a Duty A to be available for 48 hours ...
The officious bystander is a metaphorical figure of English law and legal fiction, developed by MacKinnon LJ in Southern Foundries (1926) Ltd v Shirlaw [1] to assist in determining when a term should be implied into an agreement. While the officious bystander test is not the overriding formulation in English law today, it provides a useful guide.