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Hong Kong
Tom Group Ltd v Wong Kam Hong
(2008) 11 HKCFAR 388
Key Principle
A term will only be implied into a commercial contract where it is necessary to give business efficacy to the contract or where it is so obvious that 'it goes without saying'. The court does not imply terms merely because they are reasonable; the test is one of necessity.
Area of Law
Contract — implied terms — necessity test
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