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implied term by custom

Last modified: Thu Feb 23 16:37:37 2006

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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