A test used to determine if an unstated condition was originally implied at the time of writing the contract. In the method, an investigator tries to determine if the contracting parties had intended to included the term ‘x’ in the contract. As such, an unimplied term can be one that is logical and reasonable under the present condition, but one that wasn’t accounted for at the time the contract was drafted.
What is OFFICIOUS BYSTANDER TEST?
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