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An overview of the law relating to terms implied at common law. Includes a consideration of terms implied by custom, terms implied by fact and terms implied at law. Refers to the legal tests applicable and has links to case summaries and law reports.
- Shell Uk V Lostock Garage
Shell UK v Lostock Garage Limited [1976] 1 WLR 1187 Court of...
- Shell Uk V Lostock Garage
Jun 26, 2014 · This decision attempts to reconcile both the objective reasonableness approach and the requirement of necessity: it suggests that an implied term must be necessary to achieve the parties’ express agreement, purposively construed against the admissible background.
The Supreme Court has emphasised that English law takes a strict approach to the implication of terms into a contract. Terms will not be implied just because it would be reasonable to do so, but only if it is necessary because the contract would lack commercial or practical coherence without the implied term. And the more detailed the contract ...
Mar 8, 2024 · Virtual certainty in criminal law significantly impacts the establishment of mens rea, particularly concerning recklessness and indirect intention. Through landmark cases the courts have delineated the criteria for inferring intention based on the foreseeability of outcomes.
The term "necessary" in legal documents refers to something that is essential or very important for a particular situation or outcome. When a lawyer uses the word "necessary," they are often talking about evidence, actions, or conditions that must be met to achieve a specific legal goal.
Oct 22, 2009 · It means only that the inherent probability or improbability of an event is itself a matter to be taken into account when weighing the probabilities and deciding whether, on balance, the event occurred.
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May 28, 2009 · In law discretion has been defined as the power of a court of justice, or person acting in a judicial capacity, to decide, within the limits allowed by positive rules of law, as to the punishment to be awarded or remedy to be applied, or in civil causes how the costs shall be borne, and generally to regulate matters of procedure and ...
