It should go without saying

Powell-Smith, V.

It should go without saying - 1995 - Contract Journal 377(6014) 2 March 1995, 13(1) .

Argues from caselaw that a breach of terms implied in a contract, is often difficult to establish as a challenge seldom arises. Cites five conditions for ascertaining the presence of a implied term as set out in "BP Refinery (Westernport) pty v Hastings Shire Council" (1977).


BP REFINERY (WESTERNPORT) PTY V HASTINGS SHIRE COUNCIL
CONTRACT
IMPLIED TERMS
MERTON LBC V STANLEY HUGH LEACH LTD
MOORCOCK PRINCIPLE