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“There are occasions where terms are implied into contracts which have never been discussed by the parties. Critically consider the circumstances in which this is likely to occur”
Member rating: No Rating | Words: 3000 | Submitted: Sat Apr 26 2008
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"There are occasions where terms are implied into contracts which have never been discussed by the parties. Critically consider the circumstances in which this is likely to occur" The attitude of the courts towards terms in contracts has changed significantly from the 19th century up to the 21st century. The law of contract was previously governed by the maxim caveat emptor (let the buyer beware). It was rarely considered that there are circumstances where one party will be of inferior bargaining power. Terms will implied for one of two reasons: because a court in a later dispute is trying to give effect to a presumed intention of the parties, even though these intentions have not been expressly stated by the parties (terms implied by fact); or because the law demands that certain obligations are to be included in a contract irrespective of whether the parties have agreed on them or would...
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