What does an implied term of a contract mean? What are the conditions for a term to be implied in a contract, as pronounced by the Privy Council in BP Refinery (Westernport) Pty Ltd v President, Councillors, and Ratepayers of the Shire of Hastings (1978) 52 ALJR 20? In other words, when does the law recognize that a term is implied and therefore legally enforceable? How can a term be implied in a contract?

Your Task: Answer the above questions. Your discussion must primarily focus on BP Refinery (Westernport) Pty Ltd v President, Councillors, and Ratepayers of the Shire of Hastings(1978) 52 ALJR 20; however, you are also required to refer to other principles from case law and statutory provisions, where relevant, to substantiate your answers.

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In contract law an implied term refers to a term that is not expressly stated by the parties but is nonetheless considered to be part of the contract It is a legally enforceable term that is inferred ... View the full answer