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Beginning of Paper
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2.0 Overview
Once a contract has been established between two parties, does not necessarily mean that its provisions are clear and beyond dispute. The parties may have differing views as to what was expressly agreed upon, and may encounter potential ambiguity and difficultly in coming to an understanding to the ter ....
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Middle of Paper
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.... argued for because the contract is simply silent about some important matter, to those implied into certain types of contracts because legislation - usually consumer protection legislation - so provides. In such cases, where certain terms are implied into particular contracts as a result of legislation, the courts are bound by the legislation and must treat the contract as containing the statutory implied term irrespective of the perceived intentions of the parties .
There are four main circumstances that give rise to implications and allow the cour ....
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SUBJECTS
