Revised guidance on when terms will be implied into contracts

MARKS AND SPENCER v BNP PARIBAS (SC) [2015]

The Supreme Court (“SC”) has ruled that a term can only be implied if it is so obvious as ‘to go without saying’ or if without it the contract would lack ‘commercial or practical coherence’. Also if the agreement is very detailed and has been negotiated by lawyers, the Courts are less likely to imply a term.

Facts:

Decision:

Points to note:

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