LAWS11-213 Study Guide - State Rail Authority, False Statement, Telstra
21 Jan 2017
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Acl one national law for fair trading and consumer protection. Terms of the contract that were not expressly agreed upon between the parties, but which the law nevertheless considers to be part of the agreement. If the contract makes business sense without the term, it is not implied. Held that there was an implied term that the river bed would be suitable for mooring. Test for whether a term can be implied to give business efficacy: be reasonable and equitable. Law of obligations 132: be necessary to give business efficacy" if contract is effective without it, it is not implied, be so obvious it goes without saying", be capable of clear expression, not contradict any express term. Attorney general of belize v belize telecom [2009] Must be obvious that it is implied. Injunction to stop work between 10pm and 6am. Thought there was an implied term to pass on additional costs to state.
