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United Kingdom implied termsconstructioncontract of service

Aspdin v Austin

(1844) 5 QB 671
JurisdictionUnited Kingdom
CourtCourt of Queen's Bench
Year1844
StatusPersuasive authority

Key Principle

Where parties have set out their obligations in an instrument with express stipulations, a court will not imply a further term (here, an obligation to continue employing) which is inconsistent with or goes beyond those express terms, because the presumption is that having expressed some conditions they have expressed all the conditions by which they intend to be bound.

Area of Law

General

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