Q&As

Where A and B have agreed that on condition X occurring, A will pay B a sum of money but they have failed to identify in their agreement when and how such payment is to be made, will the court imply terms as to the time and manner of payment?

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Produced in partnership with Jane Dunlop of Clarke Willmott LLP
Published on LexisPSL on 23/08/2017

The following Dispute Resolution Q&A produced in partnership with Jane Dunlop of Clarke Willmott LLP provides comprehensive and up to date legal information covering:

  • Where A and B have agreed that on condition X occurring, A will pay B a sum of money but they have failed to identify in their agreement when and how such payment is to be made, will the court imply terms as to the time and manner of payment?
  • Implying terms

Where A and B have agreed that on condition X occurring, A will pay B a sum of money but they have failed to identify in their agreement when and how such payment is to be made, will the court imply terms as to the time and manner of payment?

If there are no express or terms between the parties (and the court refuses to impute any), is there any basis on which B can recover from A?

If A and B have agreed that on condition X occurring A will pay B a sum of money, then once X has occurred that money should be paid. A simpler way to view it is perhaps by an example. So, if I agree that on supplying a bag of wood payment of £2.00 will be made,

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