implied term การใช้

• It was an implied term that she be required to work elsewhere.
• Very often it was conceded that there was some implied term.
• Historically, the test for frustration was deemed to be one of implied terms.
• The most far-reaching is the implied term of trust and confidence.
• Implied terms can arise through " custom and practice ".
• The Act is designed to prevent the avoidance of implied terms through exclusion clauses.
• But the implied term under Sale of Goods Act 1979 s 14 also applied.
• Implied terms may supplement the express terms of the contract but cannot contradict them.
• The problem lies in extending or adapting any of these implied terms to dismissal.
• {{ Cquote | Such implied terms operate as default rules.
• Stuart-Smith LJ held that an implied term in law can prevail over an express term.
• Such implied terms operate as ad hoc gap fillers.
• The primary implied term of an employment contract that may be broken is mutual trust and confidence.
• "The expression'implied term'is used in different senses.
• But in common with other implied terms, it must yield to the express provisions of the contract.
• If they are a contract, then it is an implied term that the discretion should be exercised fairly.
• The implied term which exempts the servant is just as plausible as the implied term which makes him liable.
• The issue arises because, in United Kingdom law, a contract of employment consists of both expressed and implied terms.
• The implied term which exempts the servant is just as plausible as the implied term which makes him liable.
• It should be noted, however, that " Holmes v Keys " was not a case about an implied term.