Building Law Monthly
Implied terms – The test restated
The test to be applied by the courts when deciding whether or not to imply a term into a contract has been the source of some
controversy recently. In Ali v Petroleum Company of Trinidad and Tobago [2017] UKPC 2 Lord Hughes helpfully summarised the
essential principles to be applied by the courts when deciding whether or not it is appropriate to imply a term into a contract.