ABSTRACT
This chapter focuses on contracts for the sale of goods. Terms have been implied by Parliament into a broad range of contracts, for example, contracts for the sale of goods, contracts for the supply of services and hire-purchase agreements. The term was implied into the contract in law because the nature of the relationship made it desirable to place some obligation on the landlord to maintain the common parts of the premises. It is clear, however, that the test for necessity in the context of terms implied in law involves wider issues and differs from the test applied in relation to terms implied in fact. The terms seek to protect the 'reasonable expectations' of buyers of goods and to counter unequal bargaining power. In systems of law where there is a general duty of good faith in the performance of contracts the need to supplement the written contract by implied terms is less than in the English system.
