Building Law Monthly
Implied terms revisited
In
Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and another (Rev 1) [2015] UKSC 72, [2015] 3 WLR 1843 the Supreme Court affirmed that the test which must be satisfied before a term
can be implied as a matter of fact into a contract is one of necessity, or business necessity.