Implied terms in law go beyond what contracting parties might be presumed to have intended, in order to fashion a particular type of contract with the possible outcome of putting the judge in the role of legislator. Are implied terms in law on the whole a good way of keeping up with social mores or do they leave too much discretion to judges and reduce the ability of parties to make contracts that reflect their desires?

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Implied terms in law are a contentious issue with valid arguments on both sides regarding their effectiveness in keeping up with social mores and their impact on party autonomy in contracts Heres a br... View the full answer