Implied Terms

Which are grounds for implying terms in fact?

• Duty to cooperate

• Custom or usage

• Good faith

• Parties

Which is an implied term in law?

• Duty to cooperate

• Custom or usage

• Business efficacy

• To complete a contract

What is the purpose of implied terms in fact?

• To support the courts decision

• To give effect to presumed intention of parties

• Allow parties to agree

• Make them legal

Terms will be implied by law.....

• if parties agree

• under all circumstances

• Under limited circumstances

• even if parties did not intend them to be.

Which case is authority for 'business efficacy' for implied terms?

• BP Refinery

• Codelfa

• Byrne

• Hillas

How many conditions must be satisfied for business efficacy to be necessary?

• All five

• All four

• On balance

• Five on balance

Which is not an authority case to use to show 'previous course of dealings'?

• McCutcheon v David MacBrayne

• Henry Kendall v William Lillico

• Codelfa

• Hollier v Rambler Motors

Con-Stan Industries of Australia Pty Ltd v Norwich Winterthur Insurance sets out rules for ....

• question of fact

• Custom or usage

• implied terms

• Express terms

Which class of contract apply for terms implied by law?

• Lease agreements, employment & building contracts

• Lease agreements and contracts

• Employment and building contracts

• Lease agreements only

Where can implied terms specifically be found in Cth statute?

• Competition and Consumer Act 2010

• Sch 2 Competition and Consumer Act 2010 (Cth)

• Australian Consumer Law (ACL)

• ACL