There is also an ongoing debate as to whether the rules of remoteness and frustration or common mistake are best characterised as implied terms.
32.
But, as we are dealing here with a statutory code and its consequences, I would prefer to find the solution in an implied term.
33.
{{ Cquote | 42 For the purposes of establishing breach of the implied term, Mr Harding focuses, in this appeal, on the Miller incident.
34.
As in the case of any implied term, the process is one of construction of the agreement as a whole in its commercial setting.
35.
Leggatt LJ, dissenting on the common law point of implied terms, would have held, that tort cannot trump contract, as counsel Mr Beloff put it.
36.
If the master relies on an implied contract to make the servant liable, the servant may well rely on an implied term to exempt himself.
37.
Constantine claimed that the hotel breached the implied term, deriving from common law principle, that innkeepers must not refuse accommodation to guests without just cause.
38.
For instance, in every employment contract, there is an implied term of mutual trust and confidence, supporting the notion that workplace relations depend on partnership.
39.
If and in so far as the claim rests in contract, which I dispute, it is defeated by the implied term which I have just mentioned.
40.
The court held that neither party's terms applied and therefore the contract was governed by the implied terms of the UK Sale of Goods Act 1979.
