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What Are the Distinctions Between Implication and Interpretation of Terms

Question 2

Multiple Choice

What are the distinctions between implication and interpretation of terms (at least on the understanding of the majority of the Supreme Court in Marks & Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd) ? Please select all that apply.


A) The former comes into play where the parties are silent; the latter requires the court to respect the language chosen by the parties.
B) The former is grounded in necessity, the latter in reasonableness.
C) Interpretation of an express term is the logically prior step to implication.
D) Judges are able to imply terms where it is reasonable to do so.

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