The K-Zone: implied term by custom
An ImpliedTerm in a contract that arises from the
custom in a particular trade or a particular locality. For example,
in Smith v Wilson (1832) the tenant of a farm given
notice to quit was
held to be entitled to compensation for the seeds he had used in
the course of farming the land. Although there was no such term in
the agreement between landlord and tenant, it was the custom in
that locality.
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