- Court of Appeal reiterates high bar for implied contractual terms (Yoo Design Services Ltd v Iliv Realty Pte Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Commercial analysis: This decision is a reminder of the ‘strict constraints’ on the court’s power to imply a particular term or terms into a contract, and the court’s aversion to applying any element of hindsight in interpreting the parties’ original bargain. The court confirmed the trial judge’s finding that a contract ‘worked’ notwithstanding that one party did not receive a benefit that both parties anticipated that it would receive at the time of contracting. Written by Jonathan Kelly and Victoria Rowley, at Freshfields Bruckhaus Deringer LLP.
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