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Implied terms of Contract. Under English Law in what circumstances will terms be implied into contracts by the courts and by statute? Introduction. For what does a person make himself contractually responsible? In fidelity to the ideal of individual liberty, which gives rise to a presumption that the parties should be free to choose the terms of their contract, the classical law answers this question by asserting that a party to a contract is bound by those obligations to which he has consented and no others. In short, the terms of the agreement determine the content of the contractual obligations.1 This simple principal still provides the first indication of the content of the parties' contractual obligations, but in the modern law it must be substantially modified. In this paper we will examine the different ways in which the modern law both supplements and controls the terms of contracts, and hence affects the content...

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