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10 cards from this deck
Fill gaps in contracts where express terms don't cover all issues
Custom, fact, statute
Long-standing customs in trade can create implied terms
Shirlaw v Southern Foundries (1939)
The Moorcock (1889)
Implied terms must be necessary, not merely reasonable
Marks and Spencer v BNP Paribas (2015)
s9 satisfactory quality, s10 fit for purpose, s11 match description
s49 reasonable care & skill, s52 reasonable time
Cannot be excluded or ignored by either party
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