No hindsight for implied terms

In Robert Bou-Simon v. BGC Brokers LP [2018] EWCA Civ 1525, the Court of Appeal considered deleted provisions and implied terms. Although in the context of an employment contract, the decision obviously has wider application. The Court held that the judge at first instance had not properly applied the legal test for the implication of contractual terms, as established in Marks & Spencer Plc v. BNP Paribas Securities Services Trust Co (Jersey) Ltd [2016] AC 742. It was emphasised that in such cases, it is important to: Approach the matter of the implied term from the perspective of the reasonable reader of the contract, with an awareness of its provisions and the surrounding circumstances, at the time the contract was made, not at the time at which the dispute comes before the Court. Consider the issue of implied terms only after the process of construing the express words of the contract has been completed. Remember that it is not necessary to give business efficacy to…

Read more detail on Recent Admiralty Law posts –

This entry was posted in Admiralty-Maritime Law and tagged , , . Bookmark the permalink.

Leave a Reply