Contract Implied Terms: Fact or Fiction? (Paper)

Materials comprised of a Paper and PowerPoint Handout.

Presenters:

Seb Bisley Barrister, Thorndon Chambers 
Amy Ryburn Partner, Buddle Findlay

Synopsis:

While the wording of a contract is key, what it does not say can be crucial. Terms implied, whether by law or in fact, to fill gaps can alter the nature of the contract and in turn how a situation plays out for the parties – sometimes with significant implications.

With reference to key case law, this paper will explore how our courts approach the implication of terms as part of the broader contractual interpretation exercise, delve into the requisite criteria for implying a term, and highlight ways to manage the risks and opportunities presented by implied terms.

These Materials will help you:

• Develop an understanding of how a court in New Zealand will approach the implication of terms as part of the broader contractual interpretation exercise.
• Explore the criteria that need to be met before a term will be implied in a contract.
• Understand some of the tips for avoiding the need to rely upon an implied term in the first place!

Intended Audience:

This paper will be of relevance and value to civil litigators, commercial lawyers and general practitioners, of all levels of experience.