The Supreme Court has recently clarified the law on when the court can imply a term that the parties have not expressly included in their contract, endorsing the traditional approach that the term either must be so obvious as to go without saying or must be necessary to give business efficacy to the contract. Further details are included in the HSF Litigation blog post here. (Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited)
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