IMPLIED TERMS: THE JOURNEY OF THE MAN ON THE CLAPHAM OMNIBUS

2011/11/01 by John McCaughran · 7 citations
Business, Management and Accounting · Social Sciences · #Appeal #Conflict of Laws and Jurisdiction #Law #Law, logistics, and international trade #Legal principles and applications #Political science

paper · doi:10.1017/s0008197311000870

published in The Cambridge Law Journal 70(3), 607-622 (Cambridge University Press)

openalex publication_date 2011/11/01 · openalex created_date 2025/10/10 · openalex updated_date 2026/07/28

Abstract

This article is about the implication of terms into contracts based upon the presumed intention of the parties. It is particularly concerned with the decision of the Judicial Committee of the Privy Council in Attorney General of Belize v. Belize Telecom Limited , 1 a number of recent Court of Appeal decisions thereafter, and whether there has been any change in the law. Before getting to Belize , it is necessary to consider, as briefly as possible, what went before.

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