Which of these options are true of terms implied in law? Please select all that apply.
A) They are concerned with implying terms into particular types of contracts.
B) They do not necessarily reflect the intentions of the particular parties to the contract.
C) They are implied regardless of express terms to the contrary.
D) Terms implied in law may raise questions of reasonableness, fairness and the balancing of competing policy considerations.

Question

Quizplus · Accepted Answer

Terms implied in law are indeed concerned with implying terms into particular types of contracts, often to fill gaps that the law perceives as needing to be filled for the type of contract in question (A). They do not necessarily reflect the intentions of the particular parties to the contract because they are implied by law to ensure fairness, efficiency, or to uphold public policy, rather than to give effect to the parties' actual intentions (B). Terms implied in law may indeed raise questions of reasonableness, fairness, and the balancing of competing policy considerations, as the law seeks to impose terms that are just and equitable in the circumstances, often in the interest of public policy or to ensure that contracts are executed in a manner that is considered fair and reasonable by societal standards (D).

Which of These Options Are True of Terms Implied in Law