Of course, Lord Hoffmann's master question does not necessarily point to a clear answer; if the context is unclear, resolving an implied terms dispute is no more straightforward than resolving a question of interpretation. So, for example, in Dear v Jackson [2013] EWCA Civ 89, although the Court of Appeal happily endorsed the modern principles relating to construction, implication, and respect for commercial common sense (see para 15), this did not enable the case to decide itself.