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Rules for Interpretation of Contracts: Implied Terms of Contract

ByVivek Kumar Verma

Conditions for using ‘Implied Terms’ for Interpretation  Lord Simon in BP Refinery (Westernport) Pty Ltd vs. The Shire of Hastings [1978] 52 AJLR 20 held that- “…for a term to be implied, the following conditions (which may overlap) must be satisfied: it must be reasonable and equitable; it must be necessary to give business efficacy to the…

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HPA International v. Bhagwandas Fateh Chand Daswani and Ors.

ByVivek Kumar Verma

HPA International v. Bhagwandas Fateh Chand Daswani and Ors. Civil Appeal Nos. 6006 of 2001 and 336 of 2002 (Contingent Contracts-Implied terms) FACTS: Due to likelihood of coercive recovery of public dues by attachment and sale of property by public auction, sale of property was necessitated (this fact was recited in agreement) and defendant entered…