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Legal Update

"Hindsight is a wonderful thing but foresight is better" – England & Wales Court of Appeal confirms that you cannot imply a term just because, in hindsight, it seems fair

23 July 2018
Mayer Brown Legal Update
In Robert Bou-Simon v BGC Brokers LP [2018] EWCA Civ 1525 the Court of Appeal has confirmed that a contractual term cannot be implied into an agreement simply because in hindsight it makes sense to do so. In reaching that conclusion, the Court of Appeal reaffirmed the strict principles set out by the Supreme Court in Marks & Spencer Plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd [2016] AC 742, regarding the circumstances in which terms can be implied into contracts.

Authors

  • Susan Rosser
    T +44 20 3130 3358
  • Jonathan Cohen
    T +44 20 3130 3536
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