Why does the common law tend to imply terms at law only to narrowly defined types of contract?
A) The courts are barred by statute from implying terms into contracts of a very general nature.
B) Courts may feel cautious about whether it is legitimate for them-as opposed to Parliament -to imply terms into contracts of a very general type.
C) The court can only imply terms at law where a statute tells it to.
D) None of the options given is correct.

Question

Quizplus · Accepted Answer

Courts may be cautious about implying terms into contracts of a very general type because they might see it as overstepping their role, which they may view as interpreting rather than making law, a function they might see as more properly belonging to Parliament.

Why Does the Common Law Tend to Imply Terms at Law