Podcast Location:
Download it here [file size: 45.8 MB]
Part of:
New Cases on Commercial Contracts CPD Training Bundle
Categories:
Corporate & Commercial Law
Litigation & Dispute Resolution
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to give an overview of implied terms in fact and recent case law in this area. It discusses the principles of contractual interpretation which have evolved and the circumstances in which the court is likely to look beyond the express terms of a contract following the case of Dear and Another v Jackson [2013] EWCA Civ 89.

Outcomes:
After completing the course you will:
  • Understand the circumstances in which terms will be implied into a contract and the reasons for their implication;
  • Be aware of the rules for interpreting express terms which have developed;
  • Know the circumstances in which the court will look beyond the contract when construing its meaning;
  • Understand how the issue of whether to imply a term was approached in Dear and Another v Jackson [2013] EWCA Civ 89 and the outcome of the case.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Aspdin v Austin (1844) 5 QB 671;
  • Broome & anor. v Parkless Co.-Op. Society etc. [1940] 1 All ER 603;
  • Chartbrook v Persimmon Homes Limited and Others [2009] UKHL 38;
  • Dear and Another v Jackson [2013] EWCA Civ 89;
  • Investors Compensation Scheme v. West Bromwich Building Society [1997] UKHL 28;
  • Mediterranean Salvage & Towage v Seamar Trading & Commerce Inc [2009] EWCA Civ 532;
  • Philips Electronique v British Sky Broadcasting Ltd [1995] EMLR 472;
  • Rainy Sky v Kookmin Bank [2011] UKSC 50;
  • Re Sigma Finance Corp [2010] 1 All ER 571 (SC);
  • The Attorney General of Belize v Belize Telecom [2009] UKPC 10.
Tags:

In this podcast Camilla Bingham, QC from One Essex Court discusses the circumstances in which a contractual term will be implied following the Court of Appeal decision in Dear v Jackson (2013)

Date Recorded: 20th May 2013

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

Start this CPDcast Activity

© CPDcast.com