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United Kingdom Leading Case implied termsconstruction interpretation

Attorney General of Belize v Belize Telecom Ltd

[2009] 1 WLR 1988
JurisdictionUnited Kingdom
CourtPrivy Council
Year2009
StatusPersuasive authority

Summary

Implication of terms is an exercise in contractual interpretation, asking what the instrument would reasonably be understood to mean.

Key Principle

implication of terms as an exercise in contractual interpretation

Area of Law

Contract — Formation and Interpretation

Related Cases

MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2018] UKSC 24

A 'no oral modification' clause is legally effective, so any purported oral variation of a contract containing such a clause is unenforceable.

Arnold v Britton [2015] UKSC 36

Commercial common sense cannot be used to override the clear and unambiguous language of a contractual term when construing its meaning.

Marks and Spencer plc v BNP Paribas Securities Services Trust Co [2015] UKSC 72

Implied terms require strict business necessity or obviousness, rejecting the broader 'reasonable and equitable' Belize Telecom formulation.

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