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Courts Can Imply A Term In Contract Only If Literal Interpretation Fails To Give The Result Intended By Parties : SC [Read Judgment]
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The bench of Justices Arun Mishra, B R Gavai and Surya Kant held that the Court can read a term into the agreement on the basis of 'business efficacy doctrine' only if it is not possible otherwise to give effect to the intention of the parties "Reading an unexpressed term in an agreement would be ju
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- The bench of Justices Arun Mishra, B R Gavai and Surya Kant held that the Court can read a term into the agreement on the basis of 'business efficacy doctrine' only if it is not possible otherwise to give effect to the intention of the parties
- "Reading an unexpressed term in an agreement would be justified on the basis that such a term was always and obviously intended by and between the parties thereto. An unexpressed term can be implied if and only if the court finds that the parties must have intended that term to form part of their contract. It is not enough for the court to find tha...
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