Search results
Results From The WOW.Com Content Network
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.
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.
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.
Unfair terms in English contract law are regulated under three major pieces of legislation, compliance with which is enforced by the Competition and Markets Authority (CMA). The Unfair Contract Terms Act 1977 is the first main Act, which covers some contracts that have exclusion and limitation clauses. For example, it will not extend to cover ...
Liverpool City Council v Irwin [1976] UKHL 1 is a leading English contract law case concerning the basis on which courts may imply terms into contracts; in particular in relation to all types of tenancies (including leases of land), a term may be implied if required for a particular relationship, such as for the landlord to keep the stairwells clear in a tower block.
The Moorcock (1889) 14 PD 64 is a leading English contract law case which created an important test for identifying the main terms that the law will imply in commercial, or non-consumer, agreements, especially terms that are "necessary and obvious...to give business efficacy". Terms shall not be implied merely because they appear "desirable and ...
Cases on implied terms in English law. This includes cases on remoteness due to the decision in The Achilleas. According many academics should technically include cases on frustration and common mistake.