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Do courts promote the principle of fairness and justice in the courts where implied contract terms are considered in resolving contractual disputes? (An implied term is not written into the contract, but to which the parties are expected to adhere.)
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CONTRACT - SPRING WRITTEN WORK Do courts promote the principle of fairness and justice in the courts where implied contract terms are considered in resolving contractual disputes? (An implied term is not written into the contract, but to which the parties are expected to adhere.) Although parties are free to make their own terms, courts may imply terms which give effect to the unexpressed intentions of the parties, but may not reflect the parties intentions and which may not seem fair or just. However, courts only imply terms where necessary, an many of these implied terms are well-established and which the parties should have known before they entered the contract.5 Terms implied by the courts can be divided into two: in fact; and, in law; and should be based on a) necessity or reasonableness, and b) whether a distinction should be drawn between terms implied in law and those in fact, and...
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