In the recent High Court decision of Jackson v Dear & Anor, the judge considered the extent to which traditional tests for implying terms into contracts have been superseded by Lord Hoffmann's decision in the Privy Council case of Attorney General of Belize & Others v Belize Telecom & others.
The dispute in the Jackson case concerned a contractual agreement into which the claimant claimed there should be construed an implied term. Against the implication of the term, the defendants argued that the Court of Appeal had, in subsequent decisions, rowed back from the Belize case or declined fully to accept it into English law.
However, the judge rejected the defendant's argument and in his analysis provided a useful summary of the relevant principles for the implication of terms.
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