TERMIUM Plus^®

Record 1,  Textual support,  English

Record number: 1, Textual support number: 1 OBS

In addition to the terms which the parties have expressly adopted, there may be other terms imported into the contract, these latter being generally known as implied terms, though this nomenclature is misleading in that it covers a number of dissimilar notions. As a general rule, the courts will enforce not only the terms expressly agreed between the parties, but also those which are to be logically implied from those express terms.... Even where a term may not be logically implied from the words used, the law admits of certain other terms to be implied as follows: (1) terms which the parties probably had in mind but did not express; (2) terms which the parties, whether or not they actually had them in mind, would probably have expressed if the question had been brought to their attention; and (3) terms that, whether or not the parties had them in mind or would have expressed them if they had foreseen the difficulty, are implied rules of law. (9 Hals., 4th ed., p. 224)  1, record 1, English, - implied%20term

Record 1,  Textual support,  French

Record number: 1, Textual support number: 1 OBS

clause implicite : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).  2, record 1, French, - clause%20implicite

Record 1,  Textual support,  Spanish