Deck 12: Implication

Question 1

Which of the following is not true about implying terms?

A) The court can improve a bad bargain by implying a term.
B) The officious bystander test is a strict one.
C) The court is implementing the intentions of the parties.
D) The omitted matter was something so obvious it goes without saying.

Answer 1

A

Question 2

What are the distinctions between implication and interpretation of terms (at least on the understanding of the majority of the Supreme Court in Marks & Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd)? Please select all that apply.

A) The former comes into play where the parties are silent; the latter requires the court to respect the language chosen by the parties.
B) The former is grounded in necessity, the latter in reasonableness.
C) Interpretation of an express term is the logically prior step to implication.
D) Judges are able to imply terms where it is reasonable to do so.

Answer 2

A,B,C

Question 3

Which of the following is not true of customary terms?

A) Terms may be implied if they are customary in the particular trade or profession of the party who drafts the contract.
B) The alleged implied term must not be inconsistent with an express term.
C) The imported term must be well-known.
D) The customary term must be recognised as binding.

Answer 3

A

Question 4

Which of these options are true of terms implied in law? Please select all that apply.

A) They are concerned with implying terms into particular types of contracts.
B) They do not necessarily reflect the intentions of the particular parties to the contract.
C) They are implied regardless of express terms to the contrary.
D) Terms implied in law may raise questions of reasonableness, fairness and the balancing of competing policy considerations.

Question 5

Which of these are terms that may be implied into contracts for the sale of goods? Please select all that apply.

A) The seller of goods has a right to sell those goods.
B) The goods will be of satisfactory quality.
C) The goods will be fit for purpose.
D) The goods sold by sample will correspond with the sample in quality.

Question 6

Why does the common law tend to imply terms at law only to narrowly defined types of contract?

A) The courts are barred by statute from implying terms into contracts of a very general nature.
B) Courts may feel cautious about whether it is legitimate for them-as opposed to Parliament -to imply terms into contracts of a very general type.
C) The court can only imply terms at law where a statute tells it to.
D) None of the options given is correct.

Question 7

The court can find that A both promises (i) to do the contracted for work as a specification requires, and (ii) to perform her side of the contract such that the work done is reasonably fit for its purpose - even where the two appear to be contradictory.