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Implied terms – The return of the officious bystander

01 Feb 2019 3:21 PM | Event team ACC Hong Kong (Administrator)

On 23 January 2019, ACC Hong Kong and Stephenson Harwood co-hosted a seminar on implied contractual terms, to members of the Association. Speakers Richard Wilmot and Andrew Carpenter presented on how and when the law might imply terms into a contract for reasons of business efficacy and to reflect parties’ true intentions. They examined the two tests developed by the common law– namely the ‘officious bystander’ and the ‘business efficacy’ tests – to determine whether (and what) terms are to be implied in various situations.

The seminar further covered some recent case law developments regarding judicial recognition of the doctrine in the UK and Hong Kong, as well as some of the different ways that implied terms can be restricted in contracts. About 80 participants attended the seminar and acquired practical knowledge on this developing field of contract law.

Members can find slides of the presentation on the Resources section.

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