TY - CHAP

T1 - Implied Terms in English Contract Law

AU - Austen-Baker, Richard

PY - 2013

Y1 - 2013

N2 - The law of England and Wales, in respect of contracts, recognizes no general doctrine of good fath, such as exists in other jurisdictions. Nevertheless, various doctrines and techniques in the law, for instance misrepresentation, mistake, duress, and implied terms are frequently seen as playing specialized roles in securing at least a minimum level of good fath. This chapter considers implied terms from this perspective and argues that they certainly have been used in this way but that, as a technique, implication of terms is neutral, in no small part because of the double-edged nature of the rules (terms can be/must not be implied in given circumstances). Decisions which decline to imply a term are as telling about the techniques's tendency to secure good faith outcomes as those in which a term is acutally implied.

AB - The law of England and Wales, in respect of contracts, recognizes no general doctrine of good fath, such as exists in other jurisdictions. Nevertheless, various doctrines and techniques in the law, for instance misrepresentation, mistake, duress, and implied terms are frequently seen as playing specialized roles in securing at least a minimum level of good fath. This chapter considers implied terms from this perspective and argues that they certainly have been used in this way but that, as a technique, implication of terms is neutral, in no small part because of the double-edged nature of the rules (terms can be/must not be implied in given circumstances). Decisions which decline to imply a term are as telling about the techniques's tendency to secure good faith outcomes as those in which a term is acutally implied.

M3 - Chapter

SN - 978-1-107-02808-1

SP - 225

EP - 239

BT - Commercial Contract Law, Transatlantic Perspectives

A2 - Dimatteo, Larry

A2 - Zhou, Qi

A2 - Saintier, Severine

A2 - Rowley, Keith

PB - Cambridge University Press

CY - New York

ER -