Terms implied in fact : These are terms implied on a one-off basis so as to give effect to the presumed intention of both parties. For the most part, such terms need to be so obvious that, if an officious bystander suggested the term should be implied, both parties would immediately agree to its implication. It is apparently insufficient that the term sought to be implied is a reasonable one as this

doi:10.4324/9781843141518-112

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ABSTRACT

These are terms implied on a one-off basis so as to give effect to the presumed intention of both parties. For the most part, such terms need to be so obvious that, if an officious bystander suggested the term should be implied, both parties would immediately agree to its implication.32 It is apparently insufficient that the term sought to be implied is a reasonable one33 as this might be seen to involve the court in the process of making a contract for the parties.