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Clifford Chance

Clifford Chance

Briefings

Contractual terms will only be implied if necessary

3 December 2015

The Supreme Court has emphasised that English law takes a strict approach to the implication of terms into a contract.  Terms will not be implied just because it would be reasonable to do so, but only if it is necessary because the contract would lack commercial or practical coherence without the implied term.  And the more detailed the contract is, the more difficult it will be to imply a term.

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