According to the Officious Bystander Test, a Court Will Imply

According to the officious bystander test, a court will imply a term into a contract where:

A) a witness is available to give evidence as to the agreement between the parties.
B) an independent party comes forward to confirm the plaintiff's allegations.
C) an innocent bystander agrees that the term was intended to be part of the contract.
D) if a bystander had been present during the negotiations and had inquired of the parties whether the term was a term of the contract the parties would have replied in the affirmative.