| Commentary

(3) Officious bystander test

| Commentary

(3)     Officious bystander test

Similarly, a term may be implied into the contract if it is something so obvious that the parties must have intended it. That is sometimes called the 'officious bystander test' after the character described by Mackinnon LJ in Shirlaw v Southern Foundries (1926) Ltd [1939] 2 KB 206, [1939] 2 All ER 113:

'`Prima facie that which in any contract is left to be implied and need not be expressed is something so obvious that it goes without saying, so that if, while the parties were making their bargain, an officious bystander were

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