Terms implied by law: To exclude or not to exclude?

Publication Type

Journal Article

Publication Date

1-2026

Abstract

In 2001, Elisabeth Peden concluded after some study that the process of implication of terms in law was “correspondingly vague and lacking in definite principles”. Over two decades later, that characterisation remains accurate. The varied terminology in judicial use reflects an ambiguity over the normative position occupied by terms implied by law. That, in turn, has given rise to doctrinal and practical uncertainty in relation to the (non-)derogation of such terms and the standard against which any derogation should be scrutinised. A key purpose of this article is to spur reflection on how implication in law interacts with matters of intention, centrality and derogability.

Discipline

Business Organizations Law

Research Areas

Dispute Resolution; Private Law; Corporate, Finance and Securities Law

Publication

Journal of Business Law

Volume

2026

First Page

18

Last Page

31

ISSN

0021-9460

Publisher

Sweet and Maxwell

This document is currently not available here.

Share

COinS