#contract #law #terms
The classical approach to the implication of terms assumes a setting of self-interested adversarial dealing. Even in such a setting, it is safe to assume that the parties would have agreed to terms that are essential for the business efficacy of the deal. However, if A has not expressly agreed to a term that otherwise affects his economic interests, the classical necessity test entails that it will not be implied. This means that, if B is anticipating and relying on acts of cooperation by A, they will have to be expressly bargained for.
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