A contract's full content is rarely confined to what appears on its face, and the unwritten obligations often decide the dispute. This chapter begins with the nature and sources of implied terms, then works through implication in fact via the business efficacy and officious bystander tests, and implication by custom, course of dealing and law. It examines the implied obligations in employment contracts, including mutual trust and confidence, before turning to the statutory regimes: the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982 for business contracts, and the Consumer Rights Act 2015 with its tiered remedies for consumers. It closes with when these terms can be excluded under UCTA 1977 and how a buyer can lose the right to reject through acceptance.
