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implied term by obligation

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

An ImpliedTerm that arises because the nature of an agreement imposes certain legal obligations, and they must be allocated to one party or the other. In LiverpoolCCVIrwin1976 landlords were held to have an implied obligation to maintain common areas of a block of flats that was let in units, even though the tenancy agreements made no mention of this. Someone had to shoulder this burden and, as the landlords retained control of these areas, it was held to be their responsibility.

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