ABSTRACT
Terms may be implied in a contract: (1) based on custom or usage; (2) as the legal incidents of a particular class or kind of contract; (3) based on the presumed intention of the parties where the implied term must be necessary to give ‘business efficacy’ to a contract; (4) as meeting the ‘officious bystander’ test as a term which the parties would say, if questioned, that they had obviously assumed.
